GAUSHALA SRI KARANPUR Vs. STATE

JUDGEMENT

(1.) BY this petition the petitioner has challenged the concurrent orders passed by the Revenue Authorities holding that the sale of agricultural land by the respondents in favour of the petitioner is void ab initio being hit by the provisions of section 42 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as "the Tenancy Act" ).

(2.) THE petitioner is a registered trust created for the purposes of maintaining in good stead chattel in Rajasthan, it is devoted to maintaining, upbringing, feeding of cows and similar milch animals in the area.

(3.) SHRI J. L. Purohit, learned counsel for the petitioner assailed the illegalities of these orders or the following submissions:- (a) Though Gaushala is a juristic person it is not a person living or human being and hence the sale in its favour by a member of Scheduled caste is not covered by the provisions of Section 42. (b) A juristic person does not and cannot have any caste, it cannot therefore, be said that the transfer by Buta Singh is in favour of a person who is not a member of Scheduled caste. A juristic person is incapable of being member of any caste or creed and hence, the provisions of section 42 are not attracted. (c) The principle of constructive res judicata is squarely applied in the present case and the earlier order barred adjudication of the later suit.