Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract Act 1872 : Section 23. Transfer of Property Act 1882 : Section 53-A- |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bombay Land Revenue Code : Scheduled Tribe-Land held by-Agreement for sale-Permission for alienation-Power and duty of competent authority-Refusal to grant permission on the ground that assigned land cannot be permitted to be sold nor converted to non-agricultural use held valid and in consonance with scheme of Part IV of the Constitution.Contract Act, 1872 : Section 23.Land held by Tribal-Agreement for sale-Held void and opposed to public policy.Transfer of Property Act, 1882 : Section 53-A.Land held by Tribal-Agreement with non-tribal for sale-Purchaser in possession pursuant to agreement- Permission for sale refused by competent authority-Possession held unlawful-Section 53-A held inapplicable.Constitution of India, 1950: Articles 21, 38, 39(b) and 46.Social Justice-Weaker Sections-Scheduled Castes and Scheduled Tribes-Protection from social injustice-Duty of State.The respondent, a Tribal, was allotted 11 acres and 4 gunthas of land by the State Government. The appellant entered into an agreement with the respondent for purchase of the said land and sought permission of alienation from the Collector under the Bombay Revenue Code. Both the Collector and Commissioner refused to grant permission on the ground that the assigned land cannot be permitted to be sold or converted to non-agricultural use. Aggrieved, the appellant filed a Writ Petition in the High Court which was dismissed summarily.In appeal to this Court it was contended by the appellant that (i) the respondent being unable to cultivate the land entered into an agreement of sale for valuable consideration; therefore the authorities were not justified in refusing permission for alienation; (ii) the appellant who was inducted into possession of the land pursuant to the agreement is entitled to retain the same under section 53-A of the Transfer of Property Act; and (iii) the appellant is entitled to compensation for the improvements he had effected on the land. |
Judge | N/A |
Neutral Citation | 1995 INSC 130 |
Petitioner | Murlidhar Dayandeo Kesekar |
Respondent | Vishwanath Pandu Barde And Anr. |
SCR | [1995] 2 S.C.R. 260 |
Judgement Date | 1995-02-22 |
Case Number | 952 |
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