R.D.SHUKLA, V.D.GYANI
Kesharsingh And Anr. – Appellant
Versus
Bhavsingh And Ors. – Respondent
R.D. Shukla, J.
1. The petitioners challenge the order of Sub- Divisional Officer (Annexure 'D') and the Appellate order of Collector (Annexure 'C') whereby the sale of land bearing Survey No. 1187 area 9.7 acres of village Kanadia for a sum of Rs. 2500/- in favour of the petitioner has been set aside with the further direction of delivery of possession to respondent No. 1, the vendee of the land.
2. This case has a checkered history. The petitioners, as claimed by them purchased land vide registered sale-deed dated 27-6-1960 (Annexure 'A'). The petitioner was in possession of the disputed land.
3. The respondent No. 1 filed an application before the Debt Relief Court which was registered as case No. 283/75-76 with the assertions that the transaction of sale (Annexure 'A') was in fact transaction of loan and the land was mortgaged. Learned Debt Relief Court vide order dated 9-1- 1978 found that the transaction was not of loan or mortgage but the sale of land outright. Respondent No. 1 filed Revision against the said order before the Additional Collector, Indore vide case No. 63/Revision/77-78 and the same was also dismissed vide order dated 17-7-1978 (Annexure 'B').
4. Respondent
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