P.K. Tare, J.

This is a revision by the defendants against the order, dated 11-10-1971, passed by the Second Civil Judge, Class II, Balaghat, in Civil Suit No. 30-A of 1971, deciding two preliminary issues as follows:

Finding

(1)

Whether the agreement to sell by Budha, an aboriginal tribe, is void?

No.

(b)

If yes, whether the suit is not maintainable

The suit is maintainable

The respondents filed a suit for a permanent injunction alleging that one Budha had agreed to sell his agricultural lands and in pursuance of the agreement, he had placed the plaintiffs in possession. As the defendants threatened dispossession, the respondents claimed a permanent injunction.

On behalf of the petitioners it was asserted that the defendants' predecessor, Budha, was a member of the aboriginal tribe and any agreement of sale entered into by him without the permission of the Collector would be void, as per section 165(6) of the M.P. Land Revenue Code, 1959. Therefore, according to the petitioners, the respondents got no right, whatsoever, as the agreement of sale was a nullity, which could not be enforced in a Court of law on the basis of which the respondents were not entitled to any relief or any a