BIPIN BEHARI DEB Vs. MASRAB ALI AND ORS.

JUDGEMENT

(1.) THIS is plaintiffs appeal, against a decision of the Subordinate Judge, Cachar, Silchar affirming in appeal decision of the Munsiff of Hailakandi. The plaintiff brought a suit for the specific performance of a contract of sale of land measuring 6 kears 2 powas in the portion of dags No. 5, 6, 7, 10, 76 and 75 of Rule 8. surveyed patta No. 1 excluding some land. The plaintiff's case was that one Sri Mahendra Chandra Singh, was an occupancy tenant in respect of the land in dispute.

(2.) THE Munsiff dismissed the suit on the ground that the transfer of the land by Mahendra Chandra Singh to the contesting defendant itself was void in view of the provisions of Section 20 and 36of the Assam (Temporarily Settled Districts) Tenancy Act 1935 (hereinafter called the Act ). In view of his decision on this issue the Munsiff did not enter into the other issues. On appeal the lower appellate court came to the conclusion that the transfer without the consent of the landlord was not void but was voidable and not binding on the landlord.

(3.) SECTION 23(b) which is the relevant provision in the present case, reads as follows: