In Brief
A dispute arose over title to agricultural land in Tripura. An under-raiyat (tenant with limited rights) executed a sale deed fraudulently describing himself as a raiyat (owner) to bypass statutory restrictions on transferring tenancy rights. Subsequent purchasers relied on this deed. The trial court held the transaction invalid, but the High Court allowed the transfer under Section 43 of the Transfer of Property Act. The Supreme Court reversed the High Court, holding that an under-raiyat cannot transfer his interest and cannot circumvent the statutory bar by misrepresentation. Subsequent purchasers cannot benefit from such fraud. The court also held the High Court lacked jurisdiction to overturn concurrent factual findings without a substantial question of law.
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