STATE OF RAJASTHAN Vs. SANWAL DAS

JUDGEMENT

(1.) THIS is a group of five appeals, all directed against the judgments and decrees of varying dates passed by the District Judge, Bharatpur in five different suits. The preliminary and basic facts as also the main questions of facts and law arising in them are common and consequently they were argued together and shall be disposed of by one judgment.

(2.) TO appreciate and decide the controversial questions, we consider it convenient to set forth in detail the facts of appeal No. 51 of 1955 (The State of Rajasthan Vs. M/s. Haricharan Lal & Sons, New Mandi, Bharatpur) which was argued before us as the principal appeal. With regard to other cases, we will only briefly indicate the peculiar and special facts in so far as they are in variance with the facts in this appeal.

(3.) IN reply to this, Mr. Kriparam contended that the sale certificates were not formal documents and were not intended to embody all the terms agreed to between the parties and, therefore, it was open to the plaintiffs to lead evidence of all the terms and concessions of the sale. Reliance was also placed upon the Bharatpur Government Grants Act, 1946 which abrogated sec. 54 of the Transfer of Property Act in respect of transfers of properties by the State.