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1998 Supreme(MP) 471

R.S.GARG
Mohanlal S/O Chunnilal – Appellant
Versus
State Of M. P. – Respondent


ORDER

R.S. Garg, J.

1. By this petition, under Article 227 of the Constitution of India, Petitioner assails and challenges the correctness, validity and propriety of the Orders dated 1-7-1985 (Annexure P-14), passed by Sub-Divisional Officer and Order dated 5-5-1987 (Annexure P.13), passed by the Collector, as an Appellate Authority.

2(i) The brief facts giving rise to the present petition are, that on 23-10-1969, by a registered sale, certain agricultural lands were sold by Respondent No. 5-Rama to the present petitioner for a consideration of Rs. 7,500/- and, yet, by another registered sale dated 17-9-1970, for a consideration of Rs. 2,500/-, some more land was sold by Respondent No. 5 in favour of the petitioner.

(ii) The Respondent No. 5-Rama, moved an application before the Debt Relief Court, which was registered as case No. 36/1975. The Presiding Officer of the said Court, by his order dated 8-7-1976 (Annexure P-4) held that it was not a loan or mortgage transaction, but, was a out-right sale. The said Presiding Officer rejected the application. The Respondent No. 5 bent upon seeking possession of the property took out certain proceedings before the Sub-Divisional Magistrate, Mho





























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