AFTARUDDIN(DEAD) REP. THR. LRS. vs RAMKRISHNA DATTA ALIAS BABUL DATTA

The Supreme Court addressed the issue of whether an under-raiyat can transfer rights in land under Section 108 of the Tripura Land Revenue and Land Reforms Act, 1960. The Court held that Aftaruddin, as an under-raiyat, could not transfer his rights, but since he represented himself as a raiyat in the sale deed, the High Court's finding that the sale deed was valid was upheld. The Court emphasized that the provisions of Section 43 of the Transfer of Property Act allow the subsequent vendee to retain their rights despite the initial prohibition on transfer by the under-raiyat.