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competition

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shivani shorthand typing center jiwaji ganj morena (M.P.) Mob. No. 8871426000

created Oct 19th 2021, 05:09 by Shivani shorthand


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395 words
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The  offending sale was made vide registered sale deed dated
01/03/1994. The lease was originally granted to Kishanlal in the year
1966-67 after coming into force of the Madhya Pradesh Land Revenue
Code, 1959 (for short 'the Code')  and after his death, the name of his
heir Narayan  Jatav was entered  by way of succession vide entry
No.40/93-94   on   30/12/1993.  Bhumiswami  right   was   recorded   on
10/01/1994   in   favour   of   Narayan   Jatav  the   father   of   the   present petitioner.
       The bar or prohibition as contained under sub-section 7(b) of
section 165 of the Code is with reference to the date of transfer and
not the date of grant of patta Since the ownership of land covered under the Code vests in the State   Government,   the   revenue   authorities   under   the   Code   have exclusive jurisdiction in respect of matters enlisted in section 257 of the Code and cancellation or omitting the entry with due notice to the other side upon acquisition of knowledge of void transaction; in violation of section 165(7b) of the Code. A transaction from its very inception being in violation of law is a nullity and, therefore, void ab initio.  A declaration in that behalf is not required by a Court of law; whereas in contrast,  a transaction which otherwise is good act in the eyes of law, unless; avoided is a voidable act, if a suit is filed for a  declaration that a document is fraudulent and/or forged and fabricated and a party who alleges so is obliged to prove it; seeking a declaration in that behalf in a Court of law.  In other words, where legal effect of a document cannot be taken away without setting aside the same, it cannot be treated to be
void but would obviously be voidable.Section 257(1)(f) of the Code cannot be construed providing for substitution   of   name   in   revenue   record   arising   out   of   inter   se competitive claims of two parties over a entry / claim viz.,  instead  it applies   to   cancellation   /   omission   of   entry   upon   acquisition   of knowledge of the offending sale in violation of section 165(7b) of the Code.Section 111 of the Code provides jurisdiction of the civil Court.
decide the dispute inter se between two parties relating to right of
records, where the State Government is not a party.   Correction of
record due to void transaction is not competitive claim of two rival
parties.  

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