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Showing contexts for: void trust in M/S.Scm Silks P. Ltd vs The Member Secretary on 24 October, 2018Matching Fragments
22. Mr.M.K.Kabir, the learned senior counsel for the 11th respondent trust while admitting the fact that an exemption was granted by the Government under Section 37-B of the Land Reforms Act would contend that the the sales in favour of M/s.Sterling Computers Limited were made by the 11th respondent under coercion and undue influence and they had not transfered the land on their own volition. Since exemption was granted in favour of the 11th respondent trust, the subsequent purchaser cannot ask for any exemption and the Government has got no power to grant exemption to the purchaser of the land. Merely because, the Government had acted in favour of M/s.Sterling Computers Limited, the same cannot validate a void sale made in favour of the company. Once the sale made 23 of 54 http://www.judis.nic.in by the 11th respondent trust has become void abinitio, the 8th respondent ought not to have accepted the property as security as M/s.Sterling Computers Limited had got no valid title to mortgage the lands in question. That apart, unless an order under Section 20A of the Land Reforms Act is passed taking over the land, the 11th respondent is the lawful owner of the property and if writ petition is allowed, the illegal acts of the other respondents will be validated.