KAMAL SINGH Vs. COLLECTOR

JUDGEMENT

(1.) THE petitioner Lallu Prasad had sold the land measuring 7.388 hectares to Surajmal and others-respondents No. 2 to 5 through a registered sale deed dated June 8,1977 for an amount of Rs.8,000/- and also another piece of land measuring 0.345 hectare was sold by the aforesaid land owner to the said respondents. The mutation of the aforesaid sale deeds was duly entered in the name of the purchasers. In the year 1991, while Lallu Prasad was still alive, his sons Kamal Singh, etc.petitioners No. 1 to 3, filed an application under section 5 of the M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi-Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinafter referred to as Act) claiming that their father Lallu Prasad had been defrauded by the present respondents No. 2 to 5 and as such the sales of the land shown to have been made by Lallu Prasad in favour of the purchasers was hit by the provisions of the Act.

(2.) THIS application was contested by the purchasers-respondents No. 2 to 5. They took various objections. It was claimed by them that in the life time of Lallu Prasad, an application filed by his sons, the present petitioners No. 1 to 3 was not maintainable in law. It was also maintained that Lallu Prasad could not be treated to be "holder of agricultural land in the weaker section of the people" as defined under section 2 (c) of the Act.

(3.) SONS of Lallu Prasad filed an appeal against the order of the Prescribed Authority. In the said appeal, for the first time, they impleaded Lallu Prasad as appellant. The Collector, being the appellate authority, re-examined the whole controversy and came to an identical conclusion, as had been arrived at by the Prescribed Authority. Consequently, the appeal filed by the aforesaid persons was also dismissed vide order dated November 27,2000.