P. K. TARE, C.J. : - On leave being granted by a learned Single Judge of this Court in Second Appeal No. 548 of 1970, dated 6-1-1971, this Letters Patent Appeal raises two questions of law. The first one is whether a transaction of transfer under Section 165 (6) of the Madhya Pradesh Land Revenue Code, 1959, is void or voidable ; and the second question is whether in view of the provision of Section 170 0) of the Code read with Section 257 (L) of the same, the heirs of the transferee can maintain a Civil suit on title and for possession in a Civil Court consequent on death of the transferor.

2. The facts leading to the present appeal are as follows : Mst. Meharinbai, mother of the respondents, who are members of an aboriginal tribe, namely, Panka, was a Bhumiswami in respect of Khasra Nos. 2, 99, 100/2 and 144/1, area 2.31 acres. On 16-3-1961 she sold the said Bhumiswami lands to the appellant for a consideration of Rupees 500/-. It was the respondents' contention that the real value of the lands was Rs. 1,500/-. Mst. Meharinbai died some time in October, 1965, and after her death the respondents, who are her sons and daughters, filed the present suit on the allegation that