SMTI. PUTUL RANI DEBBARMA Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
Smti. Putul Rani Debbarma
STATE OF TRIPURA
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(1.) Heard Mr. A. Lodh, learned counsel and Mr. S. Debnath, learned counsel appearing for the petitioner as well as Ms. A.S. Lodh, learned Addl. G.A.
appearing for the respondents No.12 and Mr. K.N. Bhattacharji, learned senior counsel assisted by Ms. S. Chakraborty, learned counsel appearing for the respondent No.3.
(2.) This court is faced with a strange situation as the petitioners who executed the gift deed No.1-8912 dated 011.1999, the gift deed No.1-11315 dated 26.12003 and the gift deed No.1-572 dated 17.01.2004 transferring a tract of land in favour of Don Bosco Centre, Bishramganj, the respondent No.3 herein have raised the claim that the said transactions were void inasmuch as those transactions were in violation of Section 187 of the Tripura Land Revenue and Land Reforms Act, 1960 [the TLRLR Act, in short].
(3.) Before the gamut of fact is appreciated it would be appropriate to make a cursory glance to Section 187. Subsection (1) of Section 187 has prohibited transfer of land belonging to a person who is a member of the Scheduled Tribes to a person who is not a member of the Scheduled Tribes and such transfer shall not be valid unless the transfer is to another member of the Scheduled Tribes, or where the transfer is to a person who is not a member of the Scheduled Tribes, it is made with the previous permission of the Collector in writing in the manner to be prescribed by rule. Exception has been curved out for some legal entities whenever the transfer is by way of mortgage to a Cooperative Society or to a bank or to the Tripura Housing Board, or to the Central or the State Government or any other financial institutions or corporations as may be notified by the Government in the Official Gazette from time to time for the purpose.
It has been further provided that the land so mortgaged shall not be transferred by such mortgage to a person who is not a member of the Scheduled Tribes.
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