In Brief
Aftaruddin, an under-raiyat (tenant with limited rights) under the Tripura Land Revenue and Land Reforms Act, 1960, executed a sale deed describing himself as a raiyat (owner) to transfer land to Mamataj Begam, who subsequently sold it to the plaintiffs. The trial court dismissed the suit, finding the transfer violated Section 108, which bars under-raiyats from transferring their interests. The High Court reversed this, holding that since Aftaruddin was described as a raiyat in the deed, Section 108 did not apply. The Supreme Court restored the trial court's judgment, holding that the statutory protection against illegal transfer cannot be circumvented through misrepresentation, and subsequent purchasers cannot benefit from such fraud.
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