1. - This rule is directed against an order of the Member, Board of Revenue allowing reference, under Section 232 of the Rajasthan Tenancy Act.

2. The only question which is to be considered whether the alleged transfer by Scheduled Castes tenant to a non Scheduled Castes tenant was before or after the amendment of Section 42 of the Rajasthan Tenancy Act. Admittedly, the amendment was made in 1964. It has been held in Division Bench judgment of this Court reported in 1964 Rule L. W. at page 512 that the amendment is not retrospective. It cannot be argued that if the amendment is not retrospective the amendment will apply in respect of transaction completed before the amendment came into force.

3. It that view of the matter the order of the Member Board of Revenue, cannot be sustained and I, therefor quash the order and make the rule absolute. There will be no order as to costs.

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