( 1 ) THE plaintiff who is the respondent filed a suit out of which this second appeal arises for the refund of Rs. 5000 paid by him to the defendant who is the appellant as consideration for the sale of 4 acres out of the land measuring 5 acres 11 guntas situated in Kuttakati village, Gadag Taluk, under the registered deed of sale dt. 1-5-1961. In pursuance to the sale, the plaintiff put the defendant in possession of the property. The sale transaction was held to be void by the Assistant Commissioner under S. 9 of the Bombay Prevention of Fragmentation and Consolidation of Holdings act, Act 62 of 1947, hereinafter referred to as the Act. Since the sale was of 4 acres out of 5 acres 11 guntas, the remaining area being 1 acre 11 guntas which is less than the standard area which is fixed at 3 acres for the locality and since such a transfer is prohibited and treated as void under Ss. 8 and 9 of the said Act, and the sale was held to be void by the Assistant Commissioner, both the lower Courts have decreed the suit.

( 2 ) THE writ petition filed by the plaintiff in WP. 2527/1963 challenging the order of the Assistant Commissioner was also dismissed. The present suit was filed on 28-1

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