CASE BRIEF

CASE NAME AND CASE LAW:

Additional Commissioner Revenue and ors v. Akhalaq Hussain;
(Civil Appeal No. 7346 of 2010); [The transfer of Property Act,
1882]
FACTS:
The respondent entered into an exchange with Mangal Singh
by way of a registered exchange deed wherein the respondent
gave 56.25 sq. mtrs. In village Vim Patti in return for 2400 sq.
mtrs. of agricultural land in Munsiari. On 19.07.2000 Assistant
collector issued an order under S167 of the U.P. ZA & LR act
stating that the parties have violated provision of sub-section
(1) of S161 of the act while getting the registration done, the
section said that one bhumidar can exchange land with other
bhumidar only when they have prior permission from the
collector. The appeal arises out of judgment passed by the
High Court of Uttarakhand at Nainital by which the court had
set aside order of additional commissioner and additional
judicial commissioner and also an order passed by the
assistant collector.
ISSUE:
Whether the High court was correct in its findings?
JUDGEMENT:
The Hon’ble Supreme Court on March 3rd, 2020 by single judge
bench of three- judge bench of Justice R. Banumathi, Justice S.
Abdul Nazeer and Justice A.S. Bopanna held that the high
court had ignored the provisions of the U.P. ZA & LR act and
S161 and 157-B do not apply in this exchange of land.
Therefore the order of the High court was set aside and the
appeal was allowed