LexDHARMA NAIKA versus RAMA NAIKA AND ANR.
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[2008] 2 S.C.R. 451 DHARMA NAIKA A v. RAMA NAIKA AND ANR. . (Civil Appeal No. 2802 of 2001) FEBRUARY 5, 2008 B [TARUN CHATTERJEE & DALVEER BHANDARI, JJ.] ~ . Karnataka Scheduled Castes and Scheduled Tribes ... (Prohibition of Transfer of Certain Lands) Act, 1978: s. 4 - Prohibition of transfer of granted land under - Sale c deed executed and registered after the commencement of the Act, but in respect of which, agreement for sale executed before commencement of the Act - Sale effected without previous permission of Government - Validity of - Held: Not valid - Agreement for sale of any granted land is included within the D meaning of 'transfer' as defined in s. 3( e) of the Act- Therefore, transfer made without prior permission of Government was null -"'4 and void in view of s. 4(2) of the Act - Legislative intent behind enactment of the Act - Discussed. Transfer of Property Act, 1882: s. 54 -Agreement for sale E not same as sale. Words and Phrases: 'Transfer' - Meaning of - . In the context of s. 3(e) of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) F + Act, 1978. The question which arose for consideration in the present appeal is: Whether the sale deed, which was executed and registered after the commencement of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, but in G ~ respect of which, the agreement for sale was executed before the commencement of the Act, would be hit by the provisions of S.4 of the Act? 451 H 452 SUPREME COURT REPORTS [2008] 2 S.C.R. A Dismissing the appeal, the Court HELD: 1.1 A plain reading of the statement of objects and reasons, for which the legis!ature has introduced Karnataka Scheduled Castes and Scheduled Tribes 8 (Prohibition of Transfer of Certain Lands) Act, 1978 would show. that the non-alienation clause contained in the ~ existing land grant rules and the provisions for . , ·cancellation of grants where the land was alienated in ~ contravention of the above said provisions Were found ' insufficient to help the Scheduled Castes and .Scheduled C Tribes grantees . .From the objects and reasons of the Act, it -is evident that ignorance and poverty of the scheduled castes abd schedu~ed tribes were expfoited by persons belonging to the affluent and pqwerful ~ectlons to get sale!? or mortgages,.either for a nominal consideration or D for no consideration at all and on account of this, the scheduled castes and schedules tribes had become the victim~ of circumstances. It is for this r~ason and to fulfill the purposes of the grant, it was thought fit ·by the legislature that the land, even if it has been alienated, must E be restored· to the original grantee or his heirs and legal representatives who are admittedly scheduled castes and scheduled tribes. It is in that bac~ground, the Act was introduced providing for prohibition of transfer. and restoration of lands granted by the Government to F persons belonging to scheduled· castes and scheduied -+- tribes in the State. However, it is also evident from the relevant provisions of the Act, that total prohibition of transfer by scheduled castes and scheduled tribes was also not intended by the legislature. It is provided that in G respect of transfers· after the commencement of the Act, it would be open to transfer the land granted to scheduled castes and scheduled tribes if prior permission is _.,. obtained from the State Government. [Para 4] [458·8, C, D, E, F, G; 459-A] H 1.2 "Transfer" under s.3(e) of the Act means a sale, DHARMA NAIKA v. RAMA NAIKAAND ANR. 453 gift, exchange, mortgage with or without possession, A lease or any other transaction not being a partition among members of a family or a testamentary disposition and includes the creation of a charge or an agreement to sell, exchange, mortgage or lease or enter into any other transaction. A bare reading of the definition of "Transfer" s as defined in s.3(e) of the Act would show that an 'agreement for sale" of any "granted land" is included within the meaning of "Transfer". That being the position, the word "Transfer" as defined under the Act is an inclusive definition. That is to say, it includes "sale" as C well as "agreement for sale" , although an agreement for sale under the Transfer of Property Act is not a transfer and the right, title or interest in the land does not pa
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