STATE OF RAJASTHAN Vs. CHHAGAN SINGH

JUDGEMENT

(1.) SHRI Gajendra Singh The Government Adovocate has filed this appeal alongwith 50 other appeals against the various respondents Ex-Jagirdars of Jhunjhunu under sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 against the judgment of the Deputy Collector, Jagir, Jhunjhunu dated the 25th October 1952.

(2.) A common point of law has been raised in all these 51 appeals filed by the Government Advocate against the various Ex-Jagirdars respondents and therefore the larger Bench was constituted for the purpose of hearing this special point of law raised in these appeals. This one order, therefore, disposes of all these appeals.

(3.) THE second contention of the Government Advocate was that the sale made by the Ex-Jagirdars without the registered sale deed were not legal in the sense that no title passed to the vendor, it operated as a contract of sale and even the doctrine of part performance, did not complete the transaction as laid down in sec. 53-A. On the question whether the ownership of the title in land sold by the Jagirdar passed to the purchaser of the property or not, the reply given by the counsel arrayed on the respondents side was that where there is no dispute between the parties to the transaction the question whether the title passed to the purchaser or not is of no avail. THE purchaser to whom the land was sold by the Jagirdar through an unregistered sale deed are obviously in possession which is protected by virtue of the enforcement of sec. 53-A of the Transfer of Property Act. It is not open for the vendor Jagirdars to claim back this possession. For all practical purpose the vendees are the full owners and in enjoyment of the property purchased by them. In support of this proposition Shri Jyoti Swaroop Advocate cited A. I. R. 1935 Patna, page 193 which clearly lays down that a sale is complete when sale deed is executed by the vendor.