SUNDER KANWAR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THE instant case, the writ petition has been filed against the judgment and order dated 15th March 1989, passed in Appeal No. 717/84/ceiling/Jalore by the Board of Revenue for the State of Rajasthan at Ajmer.

(2.) THE petitioners submitted before the Board of Revenue that original assessee Sri Jeev Raj Singh who has been substituted by his son Ratan Singh had sold the land in 1965 and from the said transferor the petitioner purchased this land in 1979. The land purchased by them, has been acquired by the respondent No. 1 State under the provisions of the imposition of Ceiling on Agricultural Holdings Act, 1973 read with provisions of Chapter III/B of the Rajasthan Tenancy Act. Before the Board of Revenue only point urged by the petitioners, was regarding their right to be heard and on that issue, the Board of Revenue after placing reliance on Full Bench Judgment of this Court reported in Kesa v. The State of Rajasthan 1987 RLW page 1, rejected the contention of the petitioners. It has further been observed that the petitioners purchased the land from the person who had purchased the land in 1965 from the original assessee Sri jeev Raj Singh. The said transferee was not domicile of Rajasthan and he was resident of Gujarat. Under Section 30 DD of the Rajasthan Tenancy Act, the transfer made to a non -domicle cannot be taken into consideration. Therefore, if the earlier transfer by Jeev Raj Singh in 1965 was not valid, there is no question of the transfer in favour of the petitioner in 1979 to have any legal sanctity. Petitioner cannot claim to possess better title than their predecessor in interest.

(3.) AT this stage Mr. Champawat, learned Counsel for the petitioners has submitted that in the memo of appeal before the Board of Revenue, petitioners have raised a large number of questions which have not been considered by the Board.