Skip to main content


15. Manmohan Lal Shukla (Appellant) Vs Board of Revenue (Respondent)

Sub:- This case is related to Section 146 of the MP Land Revenue Code

Facts of the case :-

1. Defendant No. 2 to 4 had 19.65 acre of land at village Behiria in District Sivani of M.P, of which they were joint owner.

2. The said land was sold to the Petitioner Manmohan Lal Shukla for Rs. 1,500 for the recovery of " Takvi" loan.

3. Defendant No 2 raised an objection on the said sale.

4. The S.D.O, Sivani, while dismissing the said objection on 8 October, 1960, Confirmed the sale.

5. Defendant No. 2 filed an appeal before the Commissioner Jabalpur which was dismissed.

6. After this, Defendant No. 2 to 4 filed a revision petition before the Board of Revenue. The Court observed that the land belonged to Defendant No. 2 to 4. Therefore, a notice ought to have been issued to all the debtors under Section 146, which was not done. Therefore, the sale was invalid. The Board of Revenue, while allowing the revision, set aside the sale.

7. The Appellant Manmohan Lal Shukla filed a writ petition before the High Court against the order of the Board of Revenue and put forth the following contentions:

A) That Defendant No. 2 was the "Karta" of a joint family and this land belonged to the joint family.

B) Defendant No. 2 was doing "pairvi" on behalf of oth- ers. Therefore, there was no need to issue any notice to Defendant No. 2 and 4.

C) All the Account - holders acts through the "Karta". 

The High Court, while expressing its views, held that-

1. It was a necessary condition to issue a demand notice under Section 147 which was not done in this case.

2. It makes no difference that other debtors did not take part in the proceedings.

3. Non-participation of any other debtor in the proceed- ings does not end the mandatory condition of the de-mand notice.

Therefore, the sale is liable to be made dismissed due to non- compliance of Section 147.

Judgment The petition was dismissed.

1. It was a necessary condition to issue a demand notice to all the debtors under Section 147.

2. If a demand notice is not issued to all the debtors, the proceed- ings will be invalid.

3. Non- issuance of notice is not an irregularity.


Popular posts from this blog

Important Topics for Semester Exam in Environmental Law useful for LL.B Students.

  1.           State facts and the principles of law laid down in the case of Monera Mandal Sahkari Shakkar Karkhana Society vs M.P. Board of Prevention of Water Pollution, 1993 M.P.L.J.270.   2.            Power to take samples of effluents and procedure to be followed in connection therewith under the Environment (Protection) Act, 1986 3.            Discuss the various provisions Indian Constitution concerning Environmental Protection. What are the main features of the Environment (Protection) Act 1986 and the provisions of penalties and procedure for violation of provisions, rules, orders and instructions. 4.            Describe the special provisions in the case of supersession of the Central Board or the State Board constituted under the Water (prevention and control of pollution) Act, 1974. Explain in brief about the provisions regarding appeal and revision under this Act. 5.            Explain the objects and main provisions of the Air (Prevention and Control of Pollut

1. A. Mackenzie vs. J S Izzak, AIR 1970 SC 1906

Ref : AIR 1970 SC 1906 Sub :- This case is based on Section 2 of the Workmen Compensation Act, 1923. Facts of the case :- 1. S.S. Dwarka is a ship whose owner is The British India Stream Navigation Limited and Mackenzie was its agent. 2. Shaikh Ibrahim Hasan was a class II seaman on this ship and who was missing from the ship. 3. It was clear from the medical log book that he had a chest pain on 13 December 1961 and he was suffering from it. 4. It was known from the medical checkup that nothing was unusual and medical officer gave him medicines and con- firmed his recovery and joining back on his duty next day. 5. It was known from the log book of the office on 16 Decem- ber 1961 that he was on the ship that day and he was seen on the bridge at 2:50 in the morning. 6. He was found missing at 6:15 in the morning. The master of the ship informed on the radio message at 7:30 in the morning that a seaman is missing between Khoramsar and Asahar and he is likely to be missing in the river.