JAGADISH PRASAD SHAH Vs. STATE OF MEGHALAYA & OTHERS

JUDGEMENT

(1.) The petitioner challenges the letter dated 29.1.82 (Annexure B) whereby the prayer for permission to transfer land by a tribal to a non-tribal was rejected.

(2.) The petitioner's case is that he has been residing in Shillong in the State of Meghalaya from about 1950. One Ka Molibon Kharshkar was the owner of a plot of land in Laitumkhrah, Shillong as described in para 1 (a) of the petition. The said Ka Malibon has taken a loan of Rs. 40,000.00 from the respondent No. 2 and having been unable to repay the loan sold the aforesaid land to the respondent No. 2 in the year 1963. The respondent No. 2 had on 4.7.63 entered into four separate agreements with four different persons including the petitioner to sell a part of the aforesaid plot of land. The agreement with the petitioner was for sale of a plot of land for Rs. 17,500.00 and she had received Rs. 8,500.00 from the petitioner out of the agreed price. The petitioner had entered into possession and improved the land for construction thereon. The petitioner further alleges that one Ka Lakasbon Kharbahkar filed title suit against the respondent No.2 challenging the sale in her favour by Ka Malibon. The suit was decreed. The respondent No. 2 and Ka Malibon Kharsokhar jointly preferred an appeal against the aforesaid decree. The appeal was dismissed. However, this Court allowed the revision and dismissed the suit by judgment dated 30.7.80. During the aforesaid period of litigation regarding the property, the petitioner had been in possession of the aforesaid plot of land. In the year 1971, the Meghalaya Transfer of Land (Regulation) Act, 1971 hereinafter referred as the Act came into force. The provisions of section 3 of the Act provide -

(3.) The respondent No. 3 has resisted the petition and the respondent No. 1, 4 to 5 have also filed affidavit-in-opposition justifying the impugned action.