Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan Tenancy Act 1955 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rajasthan Tenancy Act, 1955 – s.42 – Land transaction – Legality –Land was allotted to ‘C’, the father of respondent, as a Scheduled Caste landless person – C borrowed a sum from one ‘P’ who allegedly, fraudulently, made ‘C’ to sign sale deed in favor of appellant , a resident of Punjab – ‘C’ filed suit for ejectment against ‘P’ and appellant – Trial court held that the land was in possession of ‘P’ who was not Scheduled Caste person and the sale deed was in violation of s.13 of Rajasthan Colonization Act, as well as in breach of s.42 of Rajasthan Tenancy Act, and therefore, ‘P’ was liable to be evicted – Aggrieved by the order/ decree of trial court, appellant filed appeal before Revenue Appellate Tribunal which was dismissed – Further appeal of appellant before Board of Revenue was allowed, which gave benefit of compounding to appellant on payment of compounding fees u/s.13 of the Rajasthan Colonization Act – Respondent filed writ petition which was dismissed by a Single Judge of High Court – On appeal, Division Bench set aside the judgment of Single Judge holding that appellant, being resident and a Scheduled caste belonging to Punjab, could not take benefit of his being Scheduled caste – Held: Merely because the appellant’s grandfather and father had purchased the agricultural lands in the State of Rajasthan, the appellant cannot be said to be an ordinarily resident of Rajasthan – Appellant being a Scheduled Caste belonging to State of Punjab and being an ordinarily and permanent resident of the State of Punjab cannot claim the benefit of a Scheduled Caste in the State of Rajasthan for purpose of purchase of the land belonging to a Scheduled Caste person of State of Rajasthan, which was given to original allottee as Scheduled Caste landless person and therefore sale transaction in favour of appellant was in clear breach and/or in violation of s.42 of the Rajasthan Tenancy Act – Even otherwise, in the facts and circumstances of the case, the sale transaction in favour of appellant can be said to be in breach of s.13 of the Rajasthan Colonization Act – Rajasthan Colonization Act, 1954 – s.13. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 15 |
Petitioner | Bhadar Ram (d) Thr. Lrs. |
Respondent | Jassa Ram & Ors. |
SCR | [2022] 2 S.C.R. 394 |
Judgement Date | 2022-01-05 |
Case Number | 5933 |
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