KESHAR SINGH Vs. BHAVSINGH

JUDGEMENT

(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. 2,500/ - 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 petitioner, 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.) RESPONDENT thereafter filed an application dated 31.8.81 under Sec. 5 of the M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharkon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinafter referred to as 'the Act'). It was registered as case No. 2 -A/70/81 -82. The petitioners were proceeded ex parte. Learned S.D.O. vide order dated 29.1.82 directed the petitioner to hand -over the possession. The petitioners preferred an appeal before the Collector which was registered as case No. 23/Appeal/81 -82. The same was dismissed vide order dated 8.12.82.