N.K. Agarwal, J.

1. The instant Defendant's second appeal was admitted for hearing by this Court on 1-5-1996 on the following substantial questions of law:

(1) Whether the suit filed by the Respondent was tenable in view of Sections 170-A and 170-B of the M.P. Land Revenue Code ?

(2) Whether the dismissal of the application, filed by the Respondent under Section 170-A and 170-B of the M.P. Land Revenue Code was res judicata in this case ?

Facts of the case in nutshell are as under:

2. The Defendants/Appellant herein are non-tribes. The Plaintiffs/ Respondents No. 1 to 5 herein are tribes. Pursuant to agreement of sale dated 17-1-1962, the original Defendant Fakiro Sah obtained possession of the suit land, which is agricultural land. In the absence of any pennission under Section 165(6) of the M.P./C.G. Land Revenue Code, 1959, (briefly, 'the Code') the suit land could not be transferred by registered sale deed in favour of the Defendants.

3. Vide M.P. Act, 61 of 1976 with effect from 29-11-1976, Section 170-A was brought into statute book according to which, the Sub Divisional Officer may, on his own motion or on an application made by the transferer of agricultural land belonging t