BALU Vs. BIRDA

JUDGEMENT

(1.) Can the protective umbrella of Section 42, Rajasthan Tenancy Act, aimed to implement the socio-economic uplift of Scheduled Castes, Scheduled Tribes, by prohibiting transfer of land by them, so that they retain land, be nullified and set at naught by ingenious legal trickery of affluent and resourceful segment of society by obtaining compromise decrees, surrendering the land to Non- Scheduled Caste ? When a landless tiller Harijan or Girijan again becomes landless by compromise, would the law permit such economic suicide by Harijans, against legislative intent of Section 42, is the pivot of debate in this Harijan's litigations.

(2.) And now the traditional narration of facts.

(3.) This is plaintiffs' second appeal - after making attempt to get a decree in two lower Courts.