JUDGEMENT
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(1.)SHORT facts leading to the petition are that respondent No. 4 (Sattu) purchased an agricultural land comprised in Survey Nos. 309 and 309/2814
in area 3.47 acres situated at village Dhamna Tahsil Jatara, District Tikamgarh
from respondent No. 3 vide registered sale deed dated 5.8.1968. Thereafter
he sold the land to the present petitioners vide registered sale deed dated 20th
of August, 1973 (Annexure P-1).
(2.)RESPONDENT No. 3 submitted an application under the provisions of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi-Dharakon Ka
Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran
Tatha Mukti Adhiniyam, 1976 (hereinafter referred to as "the Act of 1976")
before the SDO Jatara stating therein that the said land was not infact sold to
the respondent No. 4 but was mortgaged with him for a sum of Rs.1,326/-
with a condition of redemption within a period of 3 years. An agreement for
redemption was executed on 6.8.1968. The amount of Rs.1,326/- included
interest to the tune of Rs.326/- and it was agreed that in case, if the respondent
No. 3 repays the amount within a period of 3 years, the land in question would
be redeemed in his favour. This being so, a prayer was made by the respondent
No. 3 that the alleged registered sale deed dated 5.8.1968 may be declared
prohibited transaction of loan and that the disputed land may be restored to
the respondent No. 3.
The present petitioners and the respondent No. 4 submitted the reply and contended that the transaction of sale being on 5.8.1968 was not covered
by the provisions of the Act 1976 and the application of the respondent No. 3
was liable to be rejected on this count.
(3.)AN enquiry was held by the Sub-Divisional Officer, Jatara who recorded the finding to the following effect in his order dated 20.6.1984
(Annexure P-2):
(i) Respondent No. 3 falls within the definition of holder of agricultural land in the weaker section of the people, as defined under the Act of 1976. (ii) The agreement dated 6.8.1968 was executed by Sattu in favour of respondent No. 3 which reveals that if the payment of Rs.1,326/- (inclusive of interest to the tune of Rs.326/-) is made by respondent No. 3 within a period of 3 years, the subject land would be handed over back to him. (iii) Sattu (respondent No. 4) admitted the execution of the said agreement before the Collector as recorded in the order sheet dated 6.7.1977. (iv) Respondent No. 3 has obtained the loan of Rs.1,000/- from the respondent No. 4 and the registered sale deed dated 6.8.1968 in the light of agreement dated 6.8.1968 is prohibited transaction of loan.
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