JUGAL KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal and other 285 appeals detailed in Schedule 'a' under Section 18 of the Raiasthan High Court Ordinance are directed against the judgment of the learned single Judge of this court dated 18-4-1972 wherebv he dismissed the writ petitions of the appellants holding that they never acquired any khatedari rights in the agricultural holdings in dispute.

(2.) THE circumstances which it is necessary to notice for the disposal of these appeals briefly stated are these: In the erstwhile State of Bikaner there were two jagirs called Chhattargarh and Satta-sar. Under the Raiasthan Land Reforms and resumption of Jagirs Act (Act VI of 1952) these Jagirs werp resumed on 1-7-1954 and 15-8-1954 respectively. It is alleged by the petitioners-appellants that prior to the resumption the Jaeirdars had admitted them as tenants in their respective agricultural holdings on the rates of rent prevailing in the former State of Bikaner. After resumption the anppliants contend that the State of Raiasthan entered the appellants' names in the Revenue Record -- Dhalbanch --and continued to collect rents from them.

(3.) ON October 13. 1955 the Raiasthan Tenancy Act, 1955 (hereinafter called "the tenancv Act") came into force. Under Section 15 thereof any person who was a tenant became a Khate-dar tenant entitled to the rights under the Tenancy Act and the appellants claim that they acquired such rights. On March 17, 1958 however, Section 15a was added to the Tenancv Act and it ordained that no khatedari rights would ever be deemed to have accrued to any occupant of land in the Raiasthan Canal Area on any terms whatsoever notwithstanding anything contained in any law or document or in the Act and such lands shall be deemed to have been let out only tem- porarilv. Section 15a was clearly retrospective.