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february 2024

Supreme Court of India · 2024-02-15

BABASAHEB vs RADHU VITHOBA BARDE

Citation / case number
SC 2019/18239
Court
Supreme Court of India
Petitioner
BABASAHEB
Respondent
RADHU VITHOBA BARDE
Author
AUGUSTINE GEORGE MASIH B.V. NAGARATHNA
Bench
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MRS. JUSTICE B.V. NAGARATHNA

Judgment text excerpt

The Supreme Court held that Section 36A of the Maharashtra Land Revenue Code, 1966 imposes a requirement for obtaining prior permission from the State Government for the transfer of land from a tribal to a non-tribal. The Court clarified that while a decree for specific performance can be sought, it cannot be executed without such permission, thus upholding the High Court's dismissal of the plaintiff's appeal for specific performance. The outcome confirmed the necessity of compliance with statutory provisions before executing land transfers involving tribal individuals.

BABASAHEB vs RADHU VITHOBA BARDE · Niyam