A person who was a tenant of Khudkasht at the commencement of the Rajasthan Land Reforms and Acquisition of Land Owners Estates Act, 1963, would be deemed to be a Khatedar tenant of the land holding from the landowner of the estate, provided he had not become a Khatedar tenant previously by virtue of any law or otherwise.

Headnote:
RAJASTHAN LAND REFORMS AND ACQUISITION OF LAND OWNERS ESTATES ACT, 1963 - SECTION 6(1) - KHATEDARI TENANTS - INTERPRETATION - APPLICABILITY - TENANCY RIGHTS - DETERMINATION.
Fact of the Case:

Col. Mohan Singh and his son Narendra Singh were cultivating land in village Bicharli as tenants of Khudkasht of Maharaja Gaj Singh of Jodhpur since 1951. The land was leased out to Col. Mohan Singh for 10 years from 1951 to 1961 and then extended for three years. The Rajasthan Land Reforms and Acquisition of Land Owners Estates Act, 1963 (the Act) was enacted, and the State Government issued a notification acquiring the estate of all landowners in Rajasthan. Col. Mohan Singh and Narendra Singh applied for corrections in the revenue records to reflect their tenancy rights, which were admitted by the Tehsildar and Maharaja Gaj Singh. The Assistant Settlement Officer gave a judgment in their favor, which was never challenged. The petitioners were entered as Khatedar tenants in the revenue records and paid land revenue from 1964 until the filing of the writ petitions. However, the Collector issued notices to the petitioners under Section 9A of the Act, calling upon them to surrender possession of the land.
Finding of the Court:

The Court held that the petitioners were tenants of the land in question at the commencement of the Act and, therefore, became Khatedar tenants under Section 6(1) of the Act. The Collector had no jurisdiction to issue notices to the petitioners under Section 9A of the Act requiring them to deliver possession of the land. The Court also held that the alternative remedy of filing a suit for declaration of Khatedari rights was not equally effective and satisfactory, as the petitioners would have been ousted from the land before they could get interim relief.
Issues: 1. Whether the petitioners were tenants of the land in question at the commencement of the Act and, therefore, became Khatedar tenants under Section 6(1) of the Act? 2. Whether the Collector had jurisdiction to issue notices to the petitioners under Section 9A of the Act requiring them to deliver possession of the land? 3. Whether the alternative remedy of filing a suit for declaration of Khatedari rights was equally effective and satisfactory.
Ratio Decidendi: 1. The Court interpreted Section 6(1) of the Act to mean that a person who was a tenant of Khudkasht at the commencement of the Act would be deemed to be a Khatedar tenant of the land holding from the landowner of the estate, provided he had not become a Khatedar tenant previously by virtue of any law or otherwise. 2. The Court held that the Collector had no jurisdiction to issue notices to the petitioners under Section 9A of the Act because they were Khatedar tenants of the land and the Collector had no authority to acquire or take possession of the land. 3. The Court held that the alternative remedy of filing a suit for declaration of Khatedari rights was not equally effective and satisfactory because the petitioners would have been ousted from the land before they could get interim relief.
Final Decision: The Court allowed both writ petitions, quashed the notices issued to the petitioners under Section 9A of the Act, and restrained the non-petitioners from recovering possession of the land in dispute from the petitioners.

JUDGMENT

1. - S.B. Civil Writ Petition No. 1858 of 1975 filed by Col. Mohan Singh and S.B. Civil Writ Petition No. 1874 of 1975 filed by Narendra Singh against the State of Rajasthan and Anr., arise out of almost identical facts and so they are disposed of together by one single order.

2. The relevant facts giving rise to these petitions may be briefly narrated as follows:--Col. Mohan Singh along with his son Narendra Singh was personally cultivating land comprised in Khasra No. 4 situated at village Bicharli in District Jodhpur since year 1951 as a tenant of Khudkasht of Maharaja Shri Gaj Singh of Jodhpur. The land including 'Kacholia Beria' was taken by Col. Mohan Singh on lease in the year 1951 from Maharaja Shri Gaj Singh for a period of 10 years and paid Rs. 3800/-, per annum as lease money for the land in question. Subsequent thereto possession of the land known as 'Kacholia Beria' was handed over by Col. Mohan Singh, petitioner, to Maharaja Shri Gaj Singh in the year 1961. He however retained 316 Bighas of land only in village Bicharli. The lease relating to this land was further extended in the year 1961 for a period of three years and the petitioner paid lease-money for that period. The land which was leased out to Col. Mohan Singh, petitioner, belonged to the full ownership of His Highness Maharaja Gaj Singh as it was shown in the list of his private properties which was prepared and approved of by Rajasthan Government and the Central Government. Later on, the Rajasthan Government in exercise of its powers under Section 7 of the Rajasthan Land Reforms and Acquisition of Land Owners Estates Act, 1963 (Act No. 11 of 1964), hereinafter referred to as the Act, issued Notification No. 1 (29) Revenue/A/60 dated August 11, 1964, which was published in the Rajasthan Raj Patra Part 4(C) ordinary dated August 13, 1964. The said notification reads as under:

"In exercise of the powers conferred by Section 7 of the Rajasthan Land Reforms and Acquisition of Land Owners Estates Act, 1963 (Rajasthan Act No. 11 of 1964) the State Government hereby appoints the 1st day of September, 1964, as the date for the acquisition and vesting in the State Government of the estate of all land owners situated anywhere in Rajasthan."
The validity of the Act was challenged by way of several writ petitions in the High Court by former rulers of Jodhpur, Banswara, Dungarpur, Kishangarh, Jaipur Udaipur and Jaisalmer. All these writ petitions were heard and decided by Hon'ble Mr. V.P. Tyagi, J. (as he then was) vide his order dated December 16, 1969, by which Chapters IV and VI and the Schedule of the Act were held to be invalid and were struck down while upholding Chapters II & III to be valid. As the validity of Chapter III, which includes Section 6 of the Act, was upheld, every person who, at the commencement of the Act, was or was entered in the revenue records as a tenant or tenant of Khudkasht but not as a sub-tenant of any land forming part of an estate was deemed to be the Khatedar tenant of such land holding from the land owner of the Estate. Hence, according to the petitioners they, being tenants of the land in question at the commencement of the Act, became Khatedar tenants thereof holding from the land owner of the estate i.e. Maharaj Shri Gaj Singh of Jodhpur.

3. The survey of this land in village Bicharli was carried out in the year 1968 in connection with the settlement operations. The petitioner Col Mohan Singh and his son Narendra Singh, applied for making necessary corrections in the records of rights relating to the land under controversy on account of being in cultivatory possession thereof, since 1951. On their applications the State of Rajasthan and Maharaja Shri Gaj Singh of Jodhpur were called upon to file their replies. The Tehsildar, Jodhpur, representing the State of Rajasthan, filed a reply in response to the notice issued to him on the application of Col. Mohan Singh, and admitted that Col. Mohan Singh, petitioner, was in cultiva

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Judicial Analysis

1981 Supreme(Raj) 276

RAJASTHAN HIGH COURTK.D.Sharma, J.Col. Mohan Singh & Anr. - AppellantsVersusThe State Of Rajasthan And Anr. - RespondentsS.B. Civil Writ Petition No. 1858 of 1975.Decided On : 26-03-1981

Judicial Analysis

RAJASTHAN HIGH COURT
K.D.Sharma, J.
Col. Mohan Singh & Anr. - Appellants
Versus
The State Of Rajasthan And Anr. - Respondents
S.B. Civil Writ Petition No. 1858 of 1975.
Decided On : 26-03-1981