Section 162(2) of the Assam Land and Revenue Regulation (Amendment) Act, 1964 has retrospective operation and prohibits the transfer of land within a tribal belt to a non-tribal.

This appeal is from the decree of the Additional District Judge, Gauhati passed in Title Appeal No. 9 of 1978 affirming the decree of the Assistant District Judge (2) Gauhati passed in Title Suit No. l of 1976 (10 of 1972).

2. Facts, - The plaintiff Jibeswar filed the suit for declaration of title and possession of the suit land described in Schedule - B to the plaint. The suit land is part of the land description of which is given in Schedule-A to the plaint. The land described in Schedule-A originally belonged to Ahina Mikir (defendant -2). Ahina Mikir sold the land described in Schedule A to Gulam Ambia (defendant-3) under two different sale deeds dated 26.9.61 and 30.1.64. There­after, out of the land described in Schedule A, Golam Ambia sold a portion of it to Jogendra Nath Kakati (defendant -4) and Upendra Nath Kakati (defendant -5) under registered deed dated 7.2.64 and as regards the remaining portion of it viz, suit land, under an agreement between plaintiff Jibeswar and Gulam Ambia to sell the suit land to the plaintiff the plaintiff took possession of the suit land and Golam Ambia executed two sale deeds dated 1.5.67 and 1.11.71. But, on 15.12.63 Kosheswar Borah (defendint -1) forcibly trespassed upon the land described in Schedule A. A proceeding under section 145 was initiated and the land was put under attachment. The Magistrate declared the possession in favour of Kasheswar Borah (defendant - 1) by an order dated 2.8.71.

The trial Court dismissed the suit. The decree was appealed to the lower appellate Court. Tie lower appellate Court dismissed the appeal. The Courts below have held that the disputed land lies within the tribal belt and, therefore, Ahina Mikir could not sell the land to Golam Ambi in view of Chapter X of the Assam Land and Revenue Regulation 1886, for short the ''Regulation'' and, therefore, the transfer in favour of the plaintiff was illegal and he could not claim the suit land. Hence this appeal.

3. Mr. Bhuyan, the learned counsel for the appellant, has cont­ended that sub-section (2) of section 162 under Chapter X shall have prospective operation. Therefore, the transaction which took place before section 162(2) came into force cannot be affected. Mr. D. N. Choudhury, learned counsel for the respondents, has submitted that sub-section (2) of section 162 is a declaratory statute and it shall be construed to have retrospective operation.

4. The question which therefore arises for consideration is whe­ther section 162(2) of the Regulation shall be construed to have retrospective operation.

5. Chapter X of the Regulation deals with the "protection of backward classes." Sections 160 to J71 are under Chapter X. Under sub - section (I) of section 160, the State Government may adopt such measures as it deems fit for the protection of those classes who on account of their primitive condition and lack of education or material advantages are incapable of looking after their welfare in so far as such welfare depends upon their having sufficient land for their maintenance. Sub-section (2) of section 160 further provides that the State Government may, by notification in the Official Gazette, specify the classes of people whom it considers entitled to protection by such measures as aforesaid. Section 161 provides that the protective measures may include the constitution of compact areas, in regions predominantly peopled by the classes of people notified under the provisions of sub-section (2) of section 160, into belts or blocks. The boundaries of the areas so constituted shall as far as possible coincide with mauza boundaries or be otherwise easily distinguishable. Under sub-section (1) of section 162 the State Government may, by notification in the Official Gazette, direct that the provisions of Chapter X shall apply to the areas, or any of the areas, constituted into belts or blocks under the provisions of section 161. On such application, the disposal of the land by lease for ordinary cultivation, the nature

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