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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.

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