Judgment

K. RAMASWAMY

( 1 ) LEAVE granted.

( 2 ) THE appellant is a subsequent purchaser from Devi Prakash son of Laxman Prasad. The case of Rama Krishna, the original owner, is that he had obtained loan from Laxman Prasad, admittedly a money-lender , by an oral mortgage of 12 acres and 20 gunthas of land. Laxman Prasad had delivered 4 acres and odd and got the sale deed executed for 8 acres 30 gunthas of the land in the name of his minor son Devi Prakash. Therefore, he comes within the provisions of M. P. Samaj Ke Kamjor Wargon Ke Krishi Bhumidharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchkron Se Paritran Tatha Mukti Adhiniyam [for short, the Act]. The Sub-Divisional Officer by his order dated 27/08/1982 recorded a finding that:

"applicants witness No. 2 Ram Krishna Matharam and applicants witness No. 3 Kadulal have supported this statement. Along with this, non-applicant Eknath (one of the subsequent purchasers) has admitted that upon execution of the instrument of the transaction possession continued and remained with Ram Krishna. It is thus clear from the testimony of these witnesses that for several years after the transaction effected in 1964, Ram Krishna was in po