ORDER

1. THE PREDECESSOR-IN-INTEREST OF THE APPELLANTS, NAMELY, NATHU RAM AND B GANPAT RAM WERE IN POSSESSION OF CERTAIN LANDS. BY TWO DOCUMENTS, ONE DATED 2-4-1964 AND ANOTHER DATED 4-5-1964, THEY TRANSFERRED THESE LANDS TO THE PREDECESSOR-IN-INTEREST OF THE RESPONDENTS. THE ORIGINAL LANDHOLDERS NATHU RAM AND GANPAT RAM WERE THE MEMBERS OF THE SCHEDULED CASTE. THE TRANSFEREE UNDER THE TWO DOCUMENTS DATED 2-4-1964 AND 4-5-1964 WERE NOT THE MEMBERS OF EITHER THE SCHEDULED CASTE OR THE SCHEDULED TRIBE. CLAUSE (B)

OF SECTION 42 OF THE RAJASTHAN TENANCY ACT, 1955 (3 OF 1955) (HEREINAFTER C REFERRED TO AS "THE ACT") SAYS THAT A SALE, GIFT OR BEQUEST BY A MEMBER OF SCHEDULED CASTE IN FAVOUR OF A PERSON WHO IS NOT A MEMBER OF THE SCHEDULED CASTE, OR BY A MEMBER OF A SCHEDULED TRIBE IN FAVOUR OF A PERSON WHO IS NOT A MEMBER OF THE SCHEDULED TRIBE SHALL BE VOID.

2. BASED ON THIS PROVISION, THE TAHSILDAR INITIATED ACTION AGAINST THE TRANSFEREES UNDER THESE TWO DOCUMENTS AND IT APPEARS THAT THE REVENUE D INSPECTOR WAS INSTRUCTED TO TAKE ACTION AND THE TRANSFEREES WERE DISPOSSESSED AND ON 17-1-1976, NATHU RAM AND GANPAT RAM WERE PUT IN POSSESSION. THEREAFTER, AN APPLICATION HAD BEEN FILED BEFO