Law:

Section:

Land Reforms Act (II of 1977)---------------S. 16(2)-Land Reforms Regulation, 1972 [M.L.R.115], para.13---Specific Relief Act (I of 1877), S. 42---Transfer of Property Act (IV of 1882), S.41---Cancellation of grant of land---Suit for declaration---Suit land which was resumed under Martial Law Regulation No.115 from its original owner was granted to a person under Land Reforms Act, 1977---Grantee of land sold the same to another person and finally it was purchased by the petitioner by means of a registered sale-deed and mutation of said sale was also sanctioned in his favour---Subsequently Deputy Commissioner and then Additional Commissioner cancelled said grant from the name of original grantee without affording opportunity of hearing to petitioner/vendee---Section 16(2) of Land Reforms Act, 1977, did not in any manner, dispense with provisions of natural justice where grantee had actually transferred land to bona fide purchaser for value---Appellate Court, in circumstances had misdirected itself and exercised its jurisdiction illegally by holding that it was not necessary to give a notice to petitioner/vendee from original grantee before resuming land---Land Commission and Board of Revenue, were responsible for ensuring that restrictive covenants, if any, attaching to grant of land under Land Reforms Act, 1977, were duly noted in Revenue Record, but that was not done in the present case---Successive transferees of land, in circumstances could not have had any notice of restrictions imposed on grant made in favour of grantee/vendor---Authorities, in circumstances, were themselves responsible for creating circumstances which would mislead a bona fide purchaser/petitioner---Authorities therefore, were estopped from resuming land---Last vendor of land in dispute was quite clearly ostensible owner of said land and mutation did not include any indication that land was granted to grantee subject to restrictive covenants and could not be sold---Four essential ingredients of S.41 of Transfer of Property Act, 1882, stood fulfilled in the case---Courts below having acted illegally in exercise of their jurisdiction, their s and decrees, legally were not maintainable and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492