1983 Supreme(Raj) 363

RAJASTHAN HIGH COURT AT JAIPUR BENCH
P.K.Banerjee, J.
Sewa Lal - Appellant
Versus
State of Rajasthan and others - Respondent
D.B.C.W.P. No. 30 of 1976.
Decided On : 9-05-1983

The main legal point established in the judgment is the non-retrospective nature of the amendment to the Rajasthan Tenancy Act and its implications on the applicability of the amendment to transactions completed before its enactment.

Headnote:

Retrospective Amendment - Rajasthan Tenancy Act - The court considered the applicability of a retrospective amendment to the Rajasthan Tenancy Act in a case involving the transfer of tenancy rights from a Scheduled Castes tenant to a non-Scheduled Castes tenant. The court relied on a Division Bench judgment to determine that the amendment was not retrospective, leading to the quashing of the order of the Member Board of Revenue.

Fact of the Case:

The case involved a challenge against an order of the Member, Board of Revenue allowing reference under Section 232 of the Rajasthan Tenancy Act.

Finding of the Court:

The court found that the alleged transfer by a Scheduled Castes tenant to a non-Scheduled Castes tenant was made after the amendment of Section 42 of the Rajasthan Tenancy Act, which was held to be non-retrospective. As a result, the court quashed the order of the Member Board of Revenue.

Issues: The key issue was whether the alleged transfer was made before or after the amendment of Section 42 of the Rajasthan Tenancy Act.

Ratio Decidendi: The court relied on a Division Bench judgment that established the non-retrospective nature of the amendment to the Rajasthan Tenancy Act, leading to the conclusion that the amendment would not apply to transactions completed before it came into force.

Final Decision: The court quashed the order of the Member Board of Revenue, making the rule absolute and ordering no costs.