Laxman Prasad had delivered 4 acres and odd and got the sale deed executed for 8 acres 30 gunthas of the land in the name of his minor son Devi Prakash.
Thus, it was declared that the initial sale dated March 17, 1964 and the subsequent sale deed executed by Devi Prakash in favour of the appellant and another sale deed in favour of Eknath on May 23, 1974 are void and directed the appellant and Eknath to deliver possession of the lands to Rama Krishna.
The case of Rama Krishna, the original owner, is that he had obtained loan from Laxman Prasad, admittedly a money lender, by an oral mortgage of 12 acres and 20 gunthas of land.
The Sub divisional Officer by his order dated August 27, 1982 recorded a finding that Applicants witness No.2 Ram Krishna Matharam and applicants witness No.3 Kadulal have supported this statement.
Alongwith this, number applicant Eknath one of the subsequent purchasers has admitted that upon execution of the instrument of the transaction possession companytinued and remained with Ram Krishna.
Thus this appeal by special leave.
RAMASWAMY, J Leave granted.
The appellant is a subsequent purchaser from Devi Prakash son of Laxman Prasad.
When the appellant and another challenged under Article 226 in Misc.
On appeal it was companyfirmed.
Petition No.1276/83 and another, the Division Bench of M.P. High Court by order dated March 4, 1991 upheld the orders of the tribunals.
