The presumption of unlawful possession under Section 170-B(2) of the Madhya Pradesh Land Revenue Code, 1959 is rebuttable and not conclusive.

( 1 ) HEARD the learned counsel for the petitioner as well as the learned counsel representing the contesting respondents.

( 2 ) PERUSED the record.

( 3 ) FEELING aggrieved by the order dated 30-6-1980, passed by the Board of Revenue, the respondent No. 2, whereunder restoring the order passed by the Collector, - Vidisha dated 11-9-1984, directing for the reversion of the agricultural holdings in dispute in favour of the original tenure-holder, and requiring for recording his name as bhumiswami in the revenue records, and for his being put in possession thereof, the petitioner has now approached this Court seeking redress praying for the reversal of the impugned order.

( 4 ) THE facts in brief shorn of details and necessary for the disposal of this case lie in a narrow compass. Sukka, son of Nanna, was the recorded bhumiswami of the agricultural holdings in dispute. He was a member of the tribe which has been declared to be an aboriginal tribe as envisaged under the provisions of Section 165 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as the Code ).

( 5 ) THE petitioner had purchased the aforesaid holdings which belonged to Sukka, Adivasi, through a registered sale deed dated 18-5-1961, which was duly acted upon as the transferer had delivered the possession thereafter to the transferee, Baldev Singh. This transaction of sale however, was carried out without obtaining the prior permission of the Collector as required under the provisions of the Section 165 of the Code.

( 6 ) SUKKA, the transferer had initiated proceedings for the recovery of the possession of the agricultural holdings asserting that although he had delivered the possession to the transferee, Baldev Singh, yet he had not in fact, sold the same to him.

( 7 ) IN the aforesaid proceedings initiated by Sukka before the Sub-Divisional Officer, initially it was registered as case No. 3242-B-125/76-77, which was later on registered as case No. 227/b-121-77-78, and the application of the transferer, Sukka was ultimately dismissed.

( 8 ) SUBSEQUENT to the enforcement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 1980, a committee had been constituted to investigate into the cases where action was warranted in view of the new provisions in Section 170 brought into force vide the aforesaid amendment. This committee submitted a report on 30-4-1982, indicating that in the absence of the requisite information as contemplated under Section 170-B (2) of the amended provision, the possession of the present petitioner over the agricultural holdings in question had to be treated as without any lawful authority and the agricultural holdings were liable to be reverted to the person to whom it originally belonged.

( 9 ) ON the basis of the aforesaid report, a case giving rise to the order impugned in the present proceedings was registered against the petitioner on 5-5-1982.

( 10 ) THE Sub-Divisional Officer issued notice of the proceedings to Baldev Singh, the transferee and as well as Sukka, the transferer.

( 11 ) THE aforesaid case was disposed of by the Sub-Divisional Officer vide the judgment and order dated 6-3-1984, whereunder the proceedings were terminated holding that the sale in question could not be taken to be fradulent in any manner. It was found that the sale consideration was adequate and the transaction could not be taken to be vitiated on account of any fraud. In fact, the finding recorded was that Sukka, the transferer had executed the sale deed on his free will and had received the adequate consideration. The claim of Sukka that he had only delivered the possession of the agricultural holdings in dispute to Baldev Singh and had not sold the same to him was not found to have been established as the sale deed in question had been duly registered in accordance with the provisions of the Registration Act. Further, its due execution had in fact been proved taking note of the fact that even Sukka, the transferer