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december 2017

Supreme Court of India · 2017-12-08

Aftaruddin(Dead) Rep. Thr. Lrs. vs Ramkrishna Datta Alias Babul Datta

Court
Supreme Court of India
Petitioner
Aftaruddin(Dead) Rep. Thr. Lrs.
Respondent
Ramkrishna Datta Alias Babul Datta
Author
Deepak Gupta
Bench
Deepak Gupta, Madan B. Lokur

Judgment text excerpt

The Supreme Court addressed the applicability of Section 108 of the Tripura Land Revenue and Land Reforms Act, 1960, which prohibits under-raiyats from transferring their rights in land. The Court held that Aftaruddin, as an under-raiyat, could not transfer his rights, and thus the sale deed executed by him was invalid. However, the High Court's finding that Aftaruddin represented himself as a raiyat in the sale deed was upheld, leading to the conclusion that the plaintiffs were entitled to their rights under Section 43 of the Transfer of Property Act, resulting in the reversal of the lower court's decision.

Aftaruddin(Dead) Rep. Thr. Lrs. vs Ramkrishna Datta Alias Babul Datta · Niyam