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1953 Supreme(Raj) 34

K.N.WANCHOO, INDER NATH MODI
Jeewan Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Appearance :
Chandmal, for the Appellant
Kansingh, Asst. Govt. Advocate, for the Respondents

Judgment Wanchoo, CJ.-This is an application by Jeewanram under Article 226 of the Constitution for issue of a writ of mandamus or any other writ, direction or order, which may be appropriate in the case.

2. The applicant’s case is that he purchased a plot of land measuring 18 Biswas in Chak Beed-wala for a sum of Rs. 100/-and got a sale-deed executed in his favour on 3-5-1952. The applicant is a Jat, while the vendor Girdhari is a barber. The applicant presented for registration the sale-deed before the Sub-Registrar of Hanumangarh on that very day. The Sub-Registrar, however, refused to register the deed, and his reason for the refusal was that the seller and the purchaser did not belong to the same community or group of castes. He relied on Notification No. 108 dated 11-10-1943, issued by the Government of Bikaner, and published in the Bikaner Rajpatra, dated 30-10-1943, at page 430, read with Notification No. 66 of 29-9-1945, published in Bikaner Rajpatra of 6-10-1945. These notifications put certain restrictions on the sale of land without the permission of the revenue authorities. The applicant says that the restrictions put in these notifications are void in view of Articles








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