JANKI Vs. ATMARAM

JUDGEMENT

(1.) This revision under Section 25 of the Small Cause Courts Act has been filed by the defendants in Civil Suit No. 99 of 1958 decided by the Civil Judge, Class I, Raigarh, on 31 -12 -58.

(2.) THE applicants had agreed to sell their lands to the non -applicant on 13 -7 -1948 for Rs. 150. They received the consideration and put the non -applicant in possession of the lands. However, a sale -deed could not be executed, as the applicants are aboriginals and a transfer to a non -aboriginal could not be made by them without the permission of the Deputy Commissioner under Section 4 (2) of the C. P. Land Alienation Act, 1916. The applicants did not apply for the necessary permission till 22 -6 -1956. An application filed on that date was dismissed by the Collector, Raigarh on 22 -6 -1956. The transfer could not hence be completed. The applicants took back possession of their lands on the very next day, i.e., on 23 -6 -1956.

(3.) THE trial Court held that the refund could be claimed. The plea that the claim was satisfied by possession for eight years was not expressly considered.