3. What are the properties, which are exempted from attachment in an execution petition, under the provisions of C.P.C

Facts of the Case

  • A person belonging to a Scheduled Tribe owns land in a non-scheduled area.
  • He wishes to transfer the land to a non-tribal person through a sale deed.
  • The area is not notified as a Scheduled Area under the Constitution.
  • The tribal seller seeks clarity on the legality of such a transaction.

Issues in the Case

  • Whether a Scheduled Tribe person can legally transfer land to a non-tribal person in a non-scheduled area.
  • Whether laws restricting such transfers apply only in Scheduled Areas.
  • What are the safeguards under law for tribal land even outside Scheduled Areas?

Principles Associated with It

  • The Fifth Schedule of the Constitution restricts land transfer in Scheduled Areas to protect tribal interests.
  • In non-scheduled areas, restrictions depend on State-specific land laws or local regulations.
  • The Forest Rights Act, 2006, and relevant Land Transfer Regulations (like Telangana Area Land Transfer Regulation, 1959) often prohibit or regulate land transfers by tribals even in non-scheduled zones.
  • The Supreme Court in Samatha v. State of Andhra Pradesh (1997) upheld protection of tribal lands and interpreted such provisions liberally in favor of tribals.

Judgement

  • If no specific State legislation restricts the transfer in non-scheduled areas, the sale may be legally valid.
  • However, if the State has enacted laws extending tribal land protection to non-scheduled areas, then prior permission or prohibition on sale applies.
  • Courts have consistently held that tribal land rights must be preserved, and any attempt to dilute them can be struck down.
  • Therefore, the transfer may be invalid if it violates such State-specific protective laws, even outside scheduled areas.

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