Transfer of agricultural land by a member of Scheduled Caste requires prior permission under Section 46 of the Chota Nagpur Tenancy Act, rendering unapproved sales invalid.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. I have already heard the arguments advanced by Mr. Manjul Prasad, learned senior counsel for the appellants as well as Mr. Kundan Kumar Ambastha, learned counsel appearing for the respondents.

2. Instant second appeal has been preferred against the judgment and decree dated 11.12.1996 (decree signed on 03.01.1997) passed by learned 4th Additional District Judge, Palamau at Daltonganj in Title Appeal No.13 of 1990 confirming the judgment and decree dated 30.03.1990 (decree signed on 16.04.1990) passed by learned Munsiff, Civil Judge, Junior Division, Garhwa in Title Suit No.32 of 1987.

3. Factual matrix giving rise to this appeal is that the plaintiff/appellants instituted the suit stating inter alia that as per Sonpura Raj comprising several villages including Village Kandi, was under the management of Ward and Encumbered Estate, Palamau and it was released when the last proprietor Raja Narendra Nath Sahi attained majority. It is further alleged that in the year 2023, there was abnormal flood in river Sone and entire Village Sonpura merged in the river including the houses and agricultural lands of the inhabitants of the said village and they became homeless and landless having no place to take shelter. It is further alleged that one Kail Dusadh with permission of Manager, Ward and Encumbered Estate cleared shrubs and jungle (forest) of Village Kandi and constructed a house and made 1.91 acres land cultivable and settled in the Village Kandi. The said area comprising survey Plot Nos.1 and 7, was subsequently in the year 1933-34 recognized the tenancy of Kail Dusadh by Manager of Estate issuing customary Parwana and pucca rent receipt. Thereafter, the said Estate was succeeded by the Raja Nagendra Nath Sahi, who also received/realized rent and issued rent receipts to Kail Dusadh. It is further alleged that Kail Dusadh died in the year 1951 leaving behind his sole son Karmu Dusadh who inherited the entire landed property of his father. It is further stated that plaintiff's elder brother was serving as a School Teacher of High School, Kandi ad was residing in a rented house in the said village. The plaintiff also used to visit his brother at Village Kandi. It is further alleged that in the year 1951, plaintiff had gone to see his ailing elder brother, meanwhile, one Karmu Dusadh @ Karmu Singh asked for loan of Rs.200/- for conducting sharadh of his father, which was paid by the plaintiff through his brother. In lieu of the said loan amount Karmu Dusadh agreed to sell the land of Schedule 'A' to the plaintiff for consideration of Rs.500/- out of which Rs.200/- was paid in advance by the plaintiff. Thus, the plaintiff came into possession of the suit Schedule 'A' land and house. It is further alleged that the plaintiff continued his possession over Schedule 'A' land till 1964. Thereafter, Karmu Dusadh came to the plaintiff and asked him to purchase the land, accordingly a sale deed was executed by Karmu Dusadh in favour of plaintiff on 09.06.1964 after receiving the balance consideration amount of Rs.300/- in the presence of Sub- Registrar, Hussainabad. Therefore, plaintiff acquired right, title and interest over the purchased land as well also he reclaimed and brought under cultivation the part land lying all around the purchased land after expanding handsome amount. The total area of land became 2.77 acres including the purchased land. It is further alleged that at the time of vesting of zamindari, Sonpur Estate did not file return of his estate for the land settled with the tenants by the Manager of the Ward and Encumbere