AIR 2019 BOM 49 ::2019 (1) ABR 686 ::AIROnline 2018 Bom 1333 ::(2019) 3 AllMR 542 (BOM)

Bombay High Court

Hon'ble Judge(s): A. M. Dhavale , J

Specific Relief Act (47 of 1963) , S.20— Maharashtra Land Revenue Code (41 of 1966) , S.36A— Specific Performance - Of transfer of land from tribal to non-tribal - Land allotted to tribal - Agreement of sale executed in favour of non-tribal without prior sanction under S. 36-A - Would be void ab initio - No decree for specific performance of contract can be granted even in exercise of discretionary powers under S. 20. In case of land of tribal, the permission of Collector with or without approval of Government as required u/s. 36-A is mandatory before entering into even agreement to sell wherein possession is agreed to be transferred or is transferred under such agreement. If without prior sanction there is transfer of possession by tribal to non-tribal under agreement to sell, it is void ab initio. In other matters, the permission is required for execution of only sale deed. The permission required for transfer of land of tribal cannot be equated with permissions or sanction required for execution of sale deed under other Acts.(Para 14 15) .....