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2017 Supreme(Tri) 406

S.TALAPATRA
Putul Rani Debbarma, wife of Shri Sashi Kumar Debbarma – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. A. Lodh, Advocate Mr. S. Debnath, Advocate
For the Respondents:Mr. K.N. Bhattacharji, Sr. Advocate Ms. A.S. Lodh, Addl. G.A. Ms. S. Chakraborty, Advocate

JUDGMENT & ORDER :

Heard Mr. A. Lodh, learned counsel and Mr. S. Debnath, learned counsel appearing for the petitioner as well as Ms. A.S. Lodh, learned Addl. G.A. appearing for the respondents No.1 & 2 and Mr. K.N. Bhattacharji, learned senior counsel assisted by Ms. S. Chakraborty, learned counsel appearing for the respondent No.3.

2. This court is faced with a strange situation as the petitioners who executed the gift deed No.1-8912 dated 02.11.1999, the gift deed No.1-11315 dated 26.12.2003 and the gift deed No.1-572 dated 17.01.2004 transferring a tract of land in favour of Don Bosco Centre, Bishramganj, the respondent No.3 herein have raised the claim that the said transactions were void inasmuch as those transactions were in violation of Section 187 of the Tripura Land Revenue and Land Reforms Act, 1960 [the TLR & LR Act, in short].

3. Before the gamut of fact is appreciated it would be appropriate to make a cursory glance to Section 187. Sub-section (1) of Section 187 has prohibited transfer of land belonging to a person who is a member of the Scheduled Tribes to a person who is not a member of the Scheduled Tribes and such transfer shall not be valid unless the transfer is to





































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