Alienation bar in concessional land grants is enforceable; transfers violating the grant condition are void and restorable.

A condition prohibiting alienation attached to land granted under Rule 43-J of the Mysore Land Revenue (Amendment) Rules, 1960 was valid and enforceable as part of the grant. The Court held that Rule 43-J was only an enabling provision and did not exclude the general grant conditions applicable to concessional or free grants. The absence of an express alienation clause in Rule 43-J did not nullify the restriction, and the marginal note to Rule 43-G could not override the text of the rule. Transfers made in breach of the grant condition were void under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, and restoration proceedings were maintainable.

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Issues: Whether land granted under Rule 43-J of the Mysore Land Revenue (Amendment) Rules, 1960 could validly carry a restriction against alienation for 15 years, and whether transfers made in breach of that condition were void and liable to restoration under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

Analysis: Rule 43-J was only an enabling provision for conferring title on temporary lessees and did not exclude the operation of the general conditions applicable to grants made at less than market value or free of cost. The condition against alienation formed part of the grant and was a valid restrictive covenant imposed by the grantor. The marginal note to Rule 43-G could not control the plain text of the rule, and the absence of an express alienation clause in Rule 43-J did not invalidate such a condition. Section 4 of the Act of 1978 expressly rendered void any transfer contrary to the terms of the grant, and Section 5 provided for restoration of such granted lands.

Conclusion: The restriction on alienation was valid, the subsequent transfers were null and void, and restoration proceedings under the Act were maintainable.

Final Conclusion: The decision of the Full Bench of the High Court was set aside, the order of the learned Single Judge was affirmed, and the appeals were allowed.

Ratio Decidendi: A condition prohibiting alienation imposed as a term of grant of concessional or free land is legally enforceable, and any transfer made in breach of that term is void and liable to restoration under the special statute governing prohibited transfers of granted land.

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