JAI PRAKASH Vs. BOARD OF REVENUE, AJMER

JUDGEMENT

(1.) The matter pertains to the year 1997, thus, was listed under the category "Oldest Cases for Early Disposal".

(2.) Brief facts of this case, as placed before this Court by learned counsel of the petitioner are that the petitioner had purchased a land (Araji Khasra Number 573/21 Rakba 15 biswa with 51/4 bigha) from the respondent no.4 on 4/1/1955 through a sale deed/agreement; thereafter, in the year 1971, the respondent started interfering with the possession of the petitioner. The petitioner instituted a suit for declaration under Sec. 88 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'Act of 1955') before the learned Sub-Divisional Officer (SDO), Udaipur. The learned SDO vide the judgment and decree dtd. 7/4/1977 dismissed the said suit.

(3.) Learned counsel for the petitioner submitted that the sale deed/agreement was executed on 4/1/1955 and the original Sec. 42 of the Act of 1955 came into force on 15/10/1955, which did not contain any restriction in regard to transfer of the land from SC/ST to non SC/ST person(s); thereafter, the amendment which came into force on 22/9/1956, a proviso was added to Sec. 42 which restricted such transfer in favour of non SC/ST person(s), and the next amendment came in force on 1/5/1964, whereby clause (b) was added in Sec. 42 which declared such transfer from SC/ST to non SC/ST person(s) as void.