The definition of 'khudkasht' land under Section 5(23) of the Rajasthan Tenancy Act and the conditions for an idol to acquire khatedari rights upon the resumption of muafi under Section 10 of the Rajasthan Land Reforms and Resumption of Jagir Act.

1. - The undisputed facts of the case are that Thakurji Shri Laxmi Nafainj were holding the agricultural lands in dispute as muafidar' and respondents No. 4 to 6, Biharidas, Balmukand and Prayagdas were the pujaris of the temple of Shri Laxminarainji, Manna and Gumana were cultivating the said lands on behalf of the muafidar. On July 1, 1963 the muafi of Thakurji Shri Laxminarainji was resumed by the State and Manna and Gumana continued to cultivate the land even thereafter. On August 27, 1966 Manna and Gumana transferred their rights in the lands in dispute to the petitioner Jawahar Lal by means of a registered sale-deed. Thereafter on November 25, 1966 the three pujaris, in their capacity as Satbarakars of the idol of Thakurji Shri Laxminarainji, presented an application under Section 175 of the Rajasthan Tenancy Act before the Assistant Collector, Pratapgarh. It mad be pointed out that the disputed agricultural lands are situated in village Basad in tehsil Pratapgarh in the district of Chittorgarh. In their application, the Pujaris stated that the land in dispute was in the muafi, of idol Shri Laxminarainji and that the cultivation was done by the Pujaris on behalf of the idol through Manna and Ciumana, who are 'Shikmi' cultivators. It was further asserted that the Shikmi tenants had no right to transfer their interest in the lands in dispute by sale and as such the purchaser Jawahar Lal should be dispossessed, as he was inducted into possession by Manna and Gutuana without any authority of law and that possession be resorted to the Thakurji. The stand taken by Jawahar Lal and his vendors was that after the resumption of the muafi land of Thakurji Shri Laxminarainji, the State Government became the land-holder in respect of the land in dispute instead of the idol and Manna and Gumana, who were in cultivatory possession of such land for the last 30 years, became khatedar tenants there of. It was further stated by them that in their capacity as khatedar tenants of such land, they were authorised to transfer their rights in the agricultural land in dispute by sale to Jawahar Lal.

2. The Assistant Collector by his order dated April 30, 1971 held that after the resumption of the muafi of Thakurji Shri Laxminarainji, the petitioner had no right whatever in the agricultural lands in dispute and the khatedari rights vested in Manna and Gumana, who were in possession of such fields on the date of resumption and that they were entitled to dispose of their khatedari rights by sale or otherwise. The application filed by pujaris was, therefore, dismissed by the Assistant Collector. An appeal preferred before the Revenue Appellate Authority was also dismissed by his order dated March 30, 1973. The Revenue Appellate Authority held that Manna and Gumana were the tenants of the lands in dispute since the settlement proceedings take place and that after the resumption of the muafi of idol of Thakurji Shri Laxminarainji, they became khatedar tenants in respect of the said lands. It was also held by the Revenue Appellate Authority that the lands in dispute were not cultivated on behalf of or in the name of deity and Thakurji Shri Laxminarainji was merely the muafdar and after the resumption of the said muafi, the land vested in the State Government. It was further held that the pujaris, acting as Sarbarakars of the idol of Thakurji Shri Laxminarainji, could not acquire khatedari rights. The vendors Marina and Gumana expired and Jawaharlal, vendee alone contested the appeal before the Revenue Appellate Authority.

3. The Pujaris thereafter filed a second appeal before the Board of Revenue on behalf of the idol, which was decided by the order of the Board dated August 2, 1974. The Board held that the khatedari right in the disputed lands vested in the idol of Thakurji Shri Laxminarainji after the resumption of the muafi and that Manna and Gumana, who cultivated the said land on behalf of the idol of Shri Laxminarainji as a sub tenant there