BHADAR RAM (D) THR. LRS Vs. JASSA RAM

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 07.04.2011 passed by the Division Bench of High Court of Judicature for Rajasthan at Jodhpur in Civil Special Appeal No.1398/1999 by which the Division Bench of High Court has allowed the said Appeal preferred by the respondent herein - original plaintiff, the appellant herein ­ original defendant - purchaser of the suit land in question has preferred the present Appeal.

(2.) The facts leading to the present Appeal in nutshell are as under:

(3.) Learned Counsel appearing on behalf of the appellant - original defendant has vehemently submitted that as such all throughout the case set up by the respondent - original plaintiff was all alone that the transaction was void for absence of prior permission as required under Section 13 of the Rajasthan Colonization Act, 1954 before executing the sale between the members of Scheduled Caste and that the appellant - original defendant has been allegedly used by Puran Singh to overcome the bar imposed by Section 42 of the Rajasthan Tenancy Act. It is submitted that thus the respondent - original plaintiff admitted that the appellant - original defendant is the Member of Scheduled Caste and known in the community as such. It is submitted that since there was never a proper /formal issue framed qua the ordinary status of the appellant - original defendant for determination of caste status in relation of State of Rajasthan, adequate evidence could not be presented, though the appellant 's father - forefathers are residents of Rajasthan.