AFTARUDDIN (DEAD) REP. THR. LRS. versus RAMKRISHNA DATTA ALIAS BABUL DATTA & ORS.

AFTARUDDIN (DEAD) REP. THR. LRS. versus RAMKRISHNA DATTA ALIAS BABUL DATTA & ORS.

Under Section 108 of the Tripura Land Revenue and Land Reforms Act, 1960 an under-raiyat is statutorily prohibited from transferring his interest. Representation as raiyat in the sale deed does not validate the transaction, which is otherwise against law; fraud or misrepresentation cannot override statutory protection. High Court erred in interpreting Section 108 and its judgment is set aside.

Parties
Appellant: Aftaruddin (Dead) represented through LRS; Respondent: Ramkrishna Datta alias Babul Datta; Respondent: Dhirendra Chandra Ghosh; Respondent: Lalit Mohan Ghosh
Jurisdiction
India
Judgment Date
08 December 2017
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed; High Court judgment set aside; trial court judgment restored.
Legal Topics
Transfer of Land by Under Raiyat, Statutory Bar on Transfer, Interpretation of Tripura Land Revenue and Land Reforms Act, 1960
Property Law Land Revenue Transfer of Land by Under Raiyat Statutory Bar on Transfer Interpretation of Tripura Land Revenue and Land Reforms Act, 1960

Case Brief

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Parties

Aftaruddin (Dead) represented through LRS

Appellant

Ramkrishna Datta alias Babul Datta

Respondent

Dhirendra Chandra Ghosh

Respondent

Lalit Mohan Ghosh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether an under-raiyat can transfer his rights in land under Section 108 of the Tripura Land Revenue and Land Reforms Act, 1960
  2. 2 Validity of sale deed executed showing under-raiyat as raiyat to circumvent Section 108
  3. 3 Whether subsequent purchasers can claim benefit of such transfer

Ratio Decidendi

Under Section 108 of the Tripura Land Revenue and Land Reforms Act, 1960 an under-raiyat is statutorily prohibited from transferring his interest. Representation as raiyat in the sale deed does not validate the transaction, which is otherwise against law; fraud or misrepresentation cannot override statutory protection. High Court erred in interpreting Section 108 and its judgment is set aside.

Court Disposition

Appeal allowed; High Court judgment set aside; trial court judgment restored.

Orders

  • Judgment of High Court set aside.
  • Judgment of trial court restored.