JUDGMENT :

ARUN MISHRA, J.

1. Heard learned counsel for the parties.

2. The only question raised in this appeal is with respect to the effect of amendment of Section 13 of the Rajasthan Colonization Act, 1954 (for short, "the Act of 1954"). Prior to the amendment, permission of State Government was required, as per provisions contained in Section 13 of the Act of 1954 to transfer any property rights which were held by a non-khatedar, by way of will, sale, mortgage, exchange, gift etc. In case the property was transferred without permission of State Government by any of the modes, the said provision provided that it shall be void. The provisions of Section 13 was amended and the disposition by Will was deleted in 1984 by Rajasthan Colonization (Amendment) Act, 1984 (Act No.19 of 1984), with effect from 4th May, 1984.

3. It was urged by learned senior counsel appearing for the appellant, that the said provision has to be given retrospective effect. It was in the form of a clarificatory provision. Thus, retrospective effect has to be given to the said amended provision. Consequently, it was not necessary to obtain permission under Section 13(A)(1) of the Act of 1954. Learned counsel has r