FULCHAND MUNDA vs STATE OF BIHAR .

The Supreme Court held that the provisions of Section 46 and Section 48 of the Chota Nagpur Tenancy Act, 1908, prohibit the transfer of Bakast Bhuinhari land to non-family members, establishing that such land is non-alienable. The Court found that the oral usufructuary mortgage claimed by the respondents was invalid under Section 59 of the Transfer of Property Act, and thus, the appellant's claim for restoration of possession was justified. The Court upheld the order of the Special Officer restoring possession to the appellant, affirming the community nature of the land.