RAJIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two revision petitions filed by Rajia and Hukma against the State Government and arise out of the order passed by the Revenue Appellate Authority Udaipur dated 15-6 64. Since both these revision petitions raise a common point of law they were consolidated and heard together and this single order disposes off both these revision petitions.

(2.) THE facts are that both the petitioners were the members of the scheduled caste and under proviso of sec. 42 of the Rajasthan Tenancy Act, they were precluded from alienating their holdings in which they held khatedari rights to a person who was not a member of a scheduled caste or a scheduled tribe. THEy however transferred their holding for a consideration in 1960 to a non-member of a scheduled caste or a tribe and thus contravened the provisions of the Rajasthan Tenancy Act. This resulted in illegal transfer and the provisions of sec. 175 of the Rajasthan Tenancy Act were attracted.