MODERN FABRICAT Vs. RAJENDRA HARICHANDAN

JUDGEMENT

(1.) These three writ applications are interlinked and the points involved being common are disposed of by this common judgment. Though the parties are mostly common, their positions in the writ application being different, names along with their positions in the writ applications are indicated below.

(2.) ABHIMANYU Misra opp. party No. 6 in all the writ applications sold 3 -200 acres of land to Manoranjan Das opp. party No. 5 in OJC No. 390 of 1984 and opp. party No. 7 in other two writ applications along with 2 decimals of land out of plot No. 769 under khata No. 49 in village Basuaghai on 7 -5 -1977 the said sale deed was cancelled by Abhimanyu. On 1 -8 -1978 Abhimanyu Misra sold 2.500 acres of land to Sukanta Chandra Samantaray and a similar area was also sold to Dhuleswar Samantaray on the said date. They are opp. party Nos. 7 and 8 OJC No. 390 of 1984 and opp. party Nos. 10 and 11 in OJC No. 1924 of 1984 but they are not parties in OJC No. 1431 of 1984. On 28 -3 -1979 Abhimnyu sold Ao. 700 decimals of land to Rajendra Harichandan, Opp. party No. 1 in OJC No. 390 of 1984 and petitioner in OJC No. 1431 of 1984. He is not a party in OJC No. 1924 of 1984. On 9 -3 -1979 M/s. Modern Fabricators. Satyabrata Mohanty, Arati Mohanty and Sangram Kishori Mohanty (hereinafter referred to as Modern Fabricators group) purchased 3.200 acres of land from Manoranjan by two registered sale deeds. On 21 -12 -1981 Dhuleswar Samantaray slod his land to Minakshi Devi and Sukanta Chandra Samantaray sold his land to Kalikesh Narayan Singh Deo and Manmath Bijoy Singh Deo. These three purchasers are hereinafter referred to as Singh Deo group. On 1 -2 -1978 land registered under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short 'the Act') was prepared under Section 6 and published under Section 9 (1) thereof in the name of Abhimanyu Sabik plot No. 55/1977 was converted to three plots, viz ; L. R. plot Nos. 294, 195 and 296 measuring 0. 700, 1.250 and 1.100 acres of land respectively. No objection was filed by Manoranjan under Section 9 (3) of the Act and accordingly action under Section 13 of the Act was taken. Notification under Section 13 was published on 28 -1 -1981. On 21 -4 -1981 Rajendra Harichandan filed an application under Section 15 of the Act for recording his name in respect of the land purchased by him which was allowed. Similarly Dhuleswar and Sukanta also filed applications under Section 15 which were allowed by order dated 15 -7 -1981. Modem Fabricators group filed six objection cases under Section 15 stating that they were bona fide purchasers from Manoranjan and therefore, their names should be recorded. By order dated 25 - -1982 objections filed by Rajendra Harichandan and Singh Deo group were allowed. On 4 -6 -1982 objections filed by Modern Fabricators group were also allowed for 3.050 acres of land. In appeal, by order dated 29 -10 -1982, the Deputy Director set aside the conclusions in favour of Modern Fabricators group on the ground that the sale made by Abhimanyu in favour of Manoranjan was a fraud on registration and therefore, was hit by Section 28 of the Registration Act, 1908. The matter was carried in revision by Modern Fabricators group in Revision Case Nos. 127 to 132 of 1983. On 30 -3 -1983 the Consolidation Commissioner allowed their prayer on the ground that the consolidation authorities have no jurisdiction to set aside the sale deed executed by Abhimanyu in favour of Manoranjan on the ground of fraud and the Tahasildar had no jurisdiction to effect mutation in the name of any party after consolidation notification under Section 3 was issued in the year 1973. It was also held by the Commissioner that the second sales effected by Abhimanyu and his vendees do not divest Modern Fabricators group's title under the sale deed executed by Abhimanyu in favour of Manoranjan. By order dated 16 -1 -1984, the Member; Board of Revenue, allowed the revision filed by Rajendra Harichandan under Section 38 of the Act on the ground that the sale by Abhimanyu to Manoranjan was a fraud on registration as A0.002 decimals of land of plot No.768 in village Basuaghai sold along with the case land was non -existent and therefore, the Sub -Registrar had no jurisdiction to register the sale deed.

(3.) IN order to resolve the controversy, primarily three questions are involved. (1) Whether the objections filed by Modern Fabricators group under Section 15 of the Act were entertainable and if not, whether the Consolidation Commissioner was justified in deciding in their favour ? (2) Even if it is held that they had no scope to raise any objection under Section 15 of the Act, whether they can seek relief under Section 37 of the Act ? and (3) Whether the sale deed executed in favour of Manoranjan was a fraud on registration, and therefore, the sale deed was void and subsequent transfers by Manoranjan Fabricator group were also void in the eyes of law ?