ORDER

1. Leave granted.

2. This appeal by special leave arises from the order dated May 7, 1992 of the Division Bench of the High Court of M.P. In M.P. No. 1499/92. The admitted position is that Section 165 of the M.P. Revenue Code, 1959 (for short, "the Code") was enforced in Gariaband area from October 2, 1959 by way of an amendment and publication in the Gazette. The sale of the land of the Bhumiswami rights in favour of the appellants by the Adivasi (Scheduled Tribe) Somu Gond was made on December 23,1960. Ultimately, the Board of Revenue in its order dated January 16, 1992 in Revision Case No. 150/90 confirming the order of Additional Commissioner dated 23.9.1990 held that even prior to 1976, even under the unamended Section 165(6) of the Code it is mandated that the purchaser should obtain prior permission from the competent authority for alienation of the Bhumiswami right of the adivasis. Since the permission was not taken, the sale was held void. The High Court by its order dated May 7, 1992 affirmed the view of the Board of Revenue.

3. It is contended by the learned counsel for the appellants that the notification under Sub-section (6) of Section 165 was published in 1977