IMPORTANT POINTS
Sale transaction prohibited by statute is void.
Eviction suit filed by Tehsildar after 31 years is barred by limitation.

JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.

Leave granted.

2. This appeal is directed against the judgment and order dated 2nd February, 2012 passed by the Division Bench of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in D.B. Civil Special Appeal (Writ) No.557/2002. By the impugned judgment the High Court dismissed the appeal preferred by the appellant and upheld the order dated 23rd May, 2002 passed by the learned Single Judge in S.B. Civil Writ Petition No.639 of 1996.

3. The factual matrix of the case is as follows:

The suit property is an agricultural land admeasuring 10 bighas 13 biswa situated in village Med, Jaipur, Rajasthan. The said land was sold by its recorded Khatedar, Dalu (hereinafter referred to as the “vendor”) to Ram Karan (since deceased) and Mahendra Kumar who belong to upper caste vide a registered sale deed dated 12th January, 1962. Ram Karan and Mahendra Kumar (hereinafter referred to as the “vendee”) were both landless persons on the date of sale of disputed land. The said vendees had been in cultivator possession of the disputed land prior to 12th January, 1962.

4. Subsequently, Gram Panchayat allowed the land to be mutated in the name of the vendee, Ram Karan and Mahendra Kumar. It was mutated on 10th September, 1966 and they became Khatedar.

5. After lapse of more than 31 years, Tehsildar, Viratnagar, District Jaipur, instituted Case No.1681/1993 before the Assistant Collector, Shahpura, District Jaipur, u/s 175 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the, ‘Act’) seeking ejectment of the vendee. The said suit was filed on the ground that the vendor;Dalu belonged to a Scheduled Caste category (Nayak) and consequently the disputed land could not be sold to the vendees who belonged to an upper caste of ‘Mahajan’. The contention was that the sale was void being in contravention of Section 42 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as, ‘the Act’). The Tehsildar also moved an application u/s 112 of the Act for appointment of a receiver. The Assistant Collector by order dated 1.1.1994 rejected the application made by Tehsildar for appointment of receiver to take possession of the suit land. He held that the vendee had been in possession and cultivating the suit land for 32 years and had otherwise matured rights by adverse possession. He further held that there was no prima facie case in favour of the State and also the balance of convenience was in favour of the vendee.

6. Against the aforesaid order dated 1.1.1994, the Tehsildar filed an appeal before Revenue Appellate Authority and the same was registered as Appeal No.9 of 1994. The Revenue Appellate Authority by order dated 28th January, 1994 held that in order to effectuate the social objective u/s 42 of the Act, the State Government has enhanced the time for instituting suit u/s 175 so that old cases of sale may be reopened. The appeal was allowed and order dated 1.1.1994 passed by the Assistant Collector was set aside.

7. The Tehsildar was appointed as receiver of the said land having Khasra nos.2307, 2308, 2309, 2310, 2311, 2318, 2326, 2327, 2328 total 9 Tulka 25 hectares.

8. The Vendee, Ram Karan and Mahendra, challenged the aforesaid order dated 28.4.1994 in revision before the Board of Revenue which remain pending.

9. During the pendency of the proceedings u/s 175 of the Act, the Tehsildar filed a reference under Rule 82 of the Land Record Rules before 1st Additional Collector, Viratnagar, District Jaipur seeking cancellation of the mutation dated 10.09.1963. The same was registered as Reference No.261/94/LR/Jaipur of 1994. The ground taken was that the sale deed executed by the vendor, Dalu was in contravention of provisions of Section 42 of the Act.

10. On 26.06.1994, the appellant-vendee moved an application before the Collector, Jaipur seeking to stay reference proceedings till the adjudication