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1988 Supreme(MP) 214

B.C.VARMA, S.AWASTHY
BODHANLAL RAMDULARE – Appellant
Versus
ADDITIONAL COLLECTOR BILASPUR – Respondent


Advocates Appeared:
C.L.Kotecha, R.C.Khare, Rama Gupta,

JUDGMENT :

( 1. ) PETITIONER Bodhanlal purchased from respondent no. 3 Kejuram 1. 42 acres of land and a house standing thereon for a sum of rs. 1200/- by a registered sale-deed dated 5-3-1968. His name was mutated against the land and house in presence of the respondent No. 3 by the revenue authorities. Possession of the property so sold was delivered, to Petitioner and is still with him. On 2-6-1981, respondent No. 3 Kejuram filed an application before the Sub-Divisional Officer under Section 5 of M. P. Samaj Ke Kamjor Vargon Ke krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (No. 3 of 1977 ). It was alleged that somewhere in the year 1967-68, Kejuram borrowed a sum of Rs. 500/- and executed the sale-deed with an agreement to re-convey it on payment of the principal amount. The purchaser, viz. , Bodhanlal, the petitioner, was permitted to cultivate the land in lieu of interest. The market price of the land was Rs. 4000/- at the time of transaction. The petitioner filed reply alleging the transaction to be an out and out sale. By order dated 28-8-1981 (Annexure G), the Sub-Divisional Officer allowed the applica









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