favour of mother of the plaintiff was barred by section 46 of CNT Act.
The learned counsel has submitted that the State was claiming tittle ... CNT Act. It was
asserted in the written statement that the suit is barred under Sections
83 , 86 , 89 , and 96 of the CNT Act
amounts to transfer in contravention of Section 46 CNT Act and therefore,
Section 71A CNT Act is attracted in the present case. It is also ... provision of Sections 72 and 46 of the CNT Act and
therefore, Section 71(A) CNT Act is also attracted in the present case
thus, the transfer being in
contravention of Section 46 of the CNT Act, possession of
the land be restored. The application moved by the
appellant ... relevant provisions of the Chota Nagpur Tenancy Act,
1908 (CNT Act ). The relevant provisions of Section 46(1)
of the CNT Act as it stood
would like to refer the relevant provisions of Section 46 of the CNT Act. Sub-section (1) of Section 46 restricts transfer of raiyati holding ... Deputy Commissioner. Sub-section (4-A) of Section 46 of the CNT Act reads as under :--
"(4-A) (a) The Deputy Commissioner
appeal only on the ground that provision of Section
46 of CNT Act has not been followed. He further submit that the petitioners herein
above ... found that surrender itself was in violation of Section 46 of CNT
Act and in view of that he has rightly passed the order which
defendant no. 1 (Ajit Ekka) after
obtaining permission under section 46 of the CNT Act. In order to show the
defendants ... 2000-
2001/M 504-R 8 II/2000 u/s 46 of the CNT Act for the sale of the land in
dispute by Defendant
compromise decree was hit by the
provisions of Section 46 of the CNT Act.
For better appreciation of the matter it would be
profitable ... transfer by agreement which
is restricted by Section 46 of the CNT Act."
This finding has been arrived at by the lower
appellate court
Hukumnama dated 22.08.1951 was executed in contravention
of Section 46 of the CNT Act as, no prior permission of the Deputy
Commissioner was taken before ... such transfer without permission under Section 46 is
not illegal. Section 46 of the CNT Act mandates prior permission
of the Deputy Commissioner before
Accordingly, prayer
has been made that as per Section 46(4A) of the CNT Act
since the applicant who is seeking restoration of land ... refer herein the very object of the Chota Nagpur
Tenancy Act, 1908 . The CNT Act, 1908 , is a land rights
legislation that was created
Accordingly, prayer
has been made that as per Section 46(4A) of the CNT Act
since the applicant who is seeking restoration of land ... refer herein the very object of the Chota Nagpur
Tenancy Act, 1908 . The CNT Act, 1908 , is a land rights
legislation that was created
