TMI Blog1995 (8) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, he comes within the provisions of M.P. Samaj Ke Kamjor Wargon Ke Krishi Bhumidharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam [for short, `the Act']. The Sub- divisional Officer by his order dated August 27, 1982 recorded a finding that: Applicant's witness No.2 Ram Krishna Matharam and applicant's witness No.3 Kadulal have supported this statement. Alongwith this, non-applicant Eknath (one of the subsequent purchasers) has admitted that upon execution of the instrument of the transaction possession continued and remained with Ram Krishna. It is thus clear from the testimony of these witnesses that for several years after the transaction effected in 1964, Ram Krishn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f agriculture not exceeding eight hectares of unirrigated land or four hectares of irrigated land within the State whether as a Bhumiswami or an occupancy tenant or a Government lessee either in any one or all of the capacities together within the meaning of the Code. A reading thereof indicates that a holder of an agricultural land not exceeding 8 hectares of unirrigated land or 4 hectares of irrigated land within the State as a Bhoomiswami or occupancy tenant or a Government lessee either in any one or all of the capacities together is a holder of agricultural land. It is seen that the Sub-Divisional Officer had recorded a finding that what remained in possession of Lakshman Prasad and his son Devi Prasad was 8 acres 20 gunthas and, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terest in the land of Devi Prasad stood extinguished only on execution and registration of the sale deed and admittedly it was done in 1974. Therefore, the sale deeds are within the prohibited period. It is also urged that the Sub-Divisional Officer has to consider and record a finding, as enjoined under s.6 of the Act relating the conditions enumerated in sub-s.(4) thereof. The authorities have not considered, more particularly, with reference to the urgency of the loan, availability of other sources; also the market value of the land at the time of the transaction and the adequacy of the consideration passed under the documents. It is true that the enumerated circumstances are required to be considered in juxtaposition with the power u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the authority to find out what was the actual consideration that had passed and what was the prevailing price of the lands at the date of sale. The authorities are then entitled to direct the moneylender to pay the difference to the holder of the agricultural land. The object of the Act is to see that the debtor gets adequate consideration for his land. No such attempt was made by the authorities, and so, the order passed is illegal. We find no force in the contention. It is seen that sub-s.(1) of s.7 mandates that when the Sub-Divisional Officer is satisfied that the transaction of loan is not a prohibited transaction of loan, he shall dismiss the application or close the proceedings. But if he records a finding that the transaction is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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