JANKI LAL Vs. SHEO NARAIN

JUDGEMENT

(1.) THIS is second appeal against the concurrent judgments and decrees of Revenue Appellate Authority Kota, dated 30. 3. 62 and the Assistant Collector Gangapur dated 4. 3. 1961, whereby the respondent's suit for declaration of Khatedari right and possession was decreed, The facts briefly are that the respondent Sheonarain a member of a scheduled tribe purported to transfer the suit land to the appellant by a sale deed registered on 29. 9. 1958, and received Rs. 300/- in part payment of the transaction. The appellant who is not a member of a scheduled tribe or a scheduled caste was put in possession and a mutation was effected in his favour. Subsequently the respondent brought a suit for a declaration that he was the Khatedar tenant and prayed that he be put in possession. He also sought a permanent injunction against the appellant. The plea taken by the respondent was that the sale of his Khatedari rights to the appellant was illegal and void in view of the provisions of sec. 42 of the Rajasthan Tenancy Act, 1955. THIS plea was accepted by the lower courts and the suit was decreed.

(2.) THE learned counsel for the appellant has first sought to attack the decisions of the lower courts on the ground that the provisions of sec. 42 which prohibit sale of Khatedari interests by a member of a scheduled caste or scheduled tribe to any person who is not a member of a scheduled caste or a' scheduled tribe, is discriminatory and ultra vires of the Indian Constitution. However, we find this contention to be without any force. In the first place Art. 46 of the Constitution enjoins upon the State to promote with special care the educational and economic interests of the weaker sections of the people, and in particular of the scheduled castes and scheduled tribes, and to protect them from social injustice and all forms of exploitation. Secondly, this Board is not the proper forum where the vires of an Act of the State Legislature can be questioned.