KUMAR PASHUPATI NATH MULLAH (DEAD) BY L. RS. vs STATE OF WEST BENGAL

The Supreme Court held that under Section 5A of the West Bengal Estate Acquisition Act, 1953, a transfer made after May 5, 1953, is deemed not bonafide if it aims to increase the land retention or compensation. The Court found that the appellant's 1953 transaction, which endowed property for religious and charitable purposes, constituted a valid transfer under the Act. The Court reversed the lower authorities' decision, stating they erred in concluding the transfer was not bonafide, and remanded the matter for fresh disposal by the High Court.