( 1. ) THIS is an appeal filed by the State of Madhya Pradesh against the judgment and decree dated 19-7-1977 passed by the Additional district Judge, Shajapur in Civil Appeal No. 13-A/73 whereby the learned lower appellate Court has partly allowed the States appeal and modified the judgment and decree dated 22-2-1973 passed by the Trial Court of Civil Judge, Class II, agar in Civil Suit No. 16-A of 1970.

( 2. ) THE facts giving rise to this appeal, briefly stated, are as follows : -The plaintiffs who are respondents Nos. 1 and 2 in this appeal, filed a suit for declaration that the order dated 15-11-1969 passed by the Revenue Authorities under the M. P. Ceiling on Agricultural Holdings Act, 1960 (hereinafter referred to as the Act) was bad in law and was not binding on the plaintiff. The plaintiffs case was that they purchased the lands in suit by a Registered Sale-deed dated 10th June, 1959 from defendant No. 2 (respondent No. 3) who was the manager of the joint Hindu family consisiting of himself and defendants Nos. 3 and 4 (i. e. respondents Nos. 4 and 5 ).

( 3. ) IN Ceiling Case No. 90/63-64 A-90 commenced against the defendants nos. 2, 3 and 4 (respondents Nos. 3, 4 and 5) before the Competent Authority (Sub-Divisional Officer, Agar), a draft statement showing the lands held in excess of the Ceiling limit was published, apparently under section 11 of the Act. The plaintiffs filed objection to the draft statement within time and submitted that the suit land had been purchased by them by a Registered Sale-deed dated 10th June, 1959 and the same could not be declared surplus but the Competent Authority while deciding the aforesaid Ceiling Case by order dated 15-11-1969 also rejected the objection of the plaintiffs.

( 4. ) THE plaintiff, therefore, filed the instant suit apparently under sub-section (5) of section 11 of the Act in the Trial Court to have the order of the competent Authority set aside. The trial Court decreed the plaintiffs suit and set aside the order of the Competent Authority dated 15-11-1969. On appeal filed by the State the learned lower Appellate Court modified the decree of the Trial court holding that the Competent Authoritys order dated 15-11-1969 is set aside only to the extent it affects the rights of the plaintiffs as per their objection filed by them and that the remaining portion of that order will remain good. Being aggrieved by the judgment and decree of the learned lower appellate court upholding the Trial Courts judgment and decree in so far as it accepted the objection filed by the plaintiffs relating to the suit lands, the State has filed this Second Appeal.

( 5. ) THE learned Competent Authority in its order dated 15-11-1969 aforesaid had held that the sale-deed dated 10-6-1959 in favour of the objectors bapulal and Harisingh was void, being in contravention of section 70 of Madhya bharat Bhumi Aagam Tatha Krashakadhikar Vidhan, Samvat 2007 which was in force at that time and consequently rejected the objection filed in the agricultural holding of the original land-holders for the purposes of determining ceiling area declaring surplus.

( 6. ) IN the instant suit filed by the plaintiffs for setting aside the order of the competent authority, the learned Trial Court has held that the Competent authority had no jurisdiction to inquire into the transfer of the suit lands in favour of the plaintiff since the transfer was effected prior to 15-9-1959 which was the date of publication of the Act and consequently, the Competent Authoritys finding that the transfer by registered sale effected on behalf of the defendants nos. 2 to 4 to the plaintiffs-objectors was void, was not sustainable, being without jurisdiction.

( 7. ) IN appeal filed by the defendant the learned lower appellate Court has affirmed the finding of the Trial Court in respect of the suit lands, holding that under section 4 of the Act the Competent Authority had the power to inquire into the transfers of Agricultural lands effe