Fulchand Munda vs State Of Bihar & Ors

The Supreme Court held that the provisions of Section 46 and Section 48 of the Chota Nagpur Tenancy Act, 1908, govern the non-alienability of Bakast Bhuinhari land, emphasizing that such land cannot be transferred to non-Bhuinhari family members. The Court found that the appellant's claim of community land usage for religious purposes was valid, and the prior oral mortgage was deemed ineffective under Section 59 of the Transfer of Property Act. The Court ultimately restored possession of the land to the appellant, reversing the Additional Collector's decision.