Section 4 in The M.P. Ceiling On Agricultural Holdings Act, 1960
4. Transfers or partitions made after publication of the Bill out before, the commencement of this Act.
- [(1) Notwithstanding anything contained in any law for the time being in force, where ager, [the 1st january, 1971] [Substituted by M.P. Act No. 13 of 1974 (w.e.f. 7-3-1974.)] but before the appointed day, any holder has transferred any land held by him by way of sale, gift, exchange or otherwise or has effected a partition of his holding or part thereof or the holding held by the holder has been transferred in execution of a decree of any Court, the competent authority may, after notice to the holder and other persons affected by such transfer or partition and after notice such enquiry as it thinks fit to make, declare the transfer or partition to be void if it finds that the transfer or the partition, as the case may be, was made in anticipation of or to defeat the provision of this Act.](2)[ Nothing in this section shall apply to a transfer made by a holder-(a)who does not hold land in excess of the ceiling area; or(b)who is a member of a family and where all the members of the family together do not hold land in excess of the ceiling area, specified in sub-section (1) of Section 7 as substituted by Section 8 of the Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1974 on the date of the transfer.](3)Any person aggrieved by an order of the competent authority under this section may prefer an appeal against such order to the Board of Revenue. The decision of the Board and subject to the decision of the Board in appeal the decision of the competent authority shall be final.(4)[ [in regard to every transfer to which this section applies] [Substituted by M.P. Act No. 13 of 197-1 (w.e.f. 7-3-1974.)] the burden of proving that the transfer was not benami or was not made in any other manner to defeat the provisions of this Act shall be on the transferor.(5)Notwithstanding anything contained in any law for the time being in force,-(i)no Court shall entertain any suit for the specific performance of any contract of sale of land on the basis of any agreement or document made [on or before the 1st January, 1971] [Substituted by M.P. Act No. 20 of 1974 (w.e.f. 7-3-1974.)], or(ii)any decree passed by a Civil Court for the specific performance of the contract of sale of land on the basis of any agreement or document mode [on or before the 1st January, 1971] [Substituted by M.P. Act No. 20 of 1974 (w.e.f. 7-3-1974.)] shall be null and shall not be enforceable, if such suit or decree is for the purpose of defeating the provisions of this Act.]
