Case Law Details
Babasaheb Dhondiba Kute Vs Radhu Vithoba Barde (Supreme Court of India)
Introduction: The Supreme Court of India addressed a crucial land transfer dispute in the case of Babasaheb Dhondiba Kute Vs Radhu Vithoba Barde. This analysis delves into the intricacies of the case, focusing on the interpretation of Section 36A of the Maharashtra Land Revenue Code and its implications on the transfer of land from tribes to non-tribes.
Detailed Analysis: The case revolves around an agreement to sell a piece of land from the defendant, a tribal, to the plaintiff, a non-tribal. The plaintiff paid a substantial sum as advance consideration, and possession of the land was handed over. However, the defendant failed to execute the sale deed, leading to a legal battle.
Central to the dispute was the interpretation of Section 36A of the Land Revenue Code, which imposes restrictions on the transfer of tribal land to non-tribals without prior sanction from the authorities. The plaintiff argued that the agreement to sell was valid, and the defendant’s failure to execute the deed did not negate the plaintiff’s right to seek specific performance.
The courts below, including the High Court, focused solely on Section 36A to deny relief to the plaintiff, overlooking the plaintiff’s compliance with the conditions of the agreement. However, the Supreme Court observed that Section 36A only imposes restrictions on actual conveyance and not on entering into agreements.
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