1986 Supreme(Raj) 319
RAJASTHAN HIGH COURT
Kishan Mal Lodha, Mohini Kapoor, JJ.
Bal Singh and Ors. - Appellant
Versus
State of Rajasthan - Respondent
D.B. Civil Special Appeal Nos. 204, 8, 9, 241, 242, 193, 296, 229 and 300 of 1981 and 407 of 1980.
Decided On : 7-01-1986
A transfer of an estate or part thereof which is liable to acquisition under the Rajasthan Land Reforms and Acquisition of Land Owners' Estates Act, 1963, made by the landowner on or after the date of commencement of the Act by way of sale, mortgage, gift, exchange, lease, assignment, surrender, bequest, creation of trust or otherwise shall not be recognized for any purposes of the Act and the estate or part so transferred shall be deemed to continue to vest in the landowner.
Headnote:
LAND REFORMS - Rajasthan Land Reforms and Acquisition of Land Owners' Estates Act, 1963 (Rajasthan Act 15 of 1963) - Rajasthan Land Reforms and Acquisition of Land Owners' Estates (Amendment) Act, 1975 (Rajasthan Act 15 of 1975) - Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) - Transfer of Property Act, 1882 (Central Act 4 of 1882) - Rajasthan Land Reforms and Acquisition of Landowners' Estates Rules, 1964 - Whether the petitioners were admitted as tenants of the agricultural lands specified in the respective documents and whether the notices issued on December 9, 1975, calling upon them to hand over possession of the lands in their possession within ten days of the receipt of such notices, are in utter disregard of the principles of natural justice.
Fact of the Case:
The petitioners claimed to be tenants of agricultural land granted to them by the former Ruler of Jodhpur. They were issued notices under Section 9A of the Rajasthan Land Reforms and Acquisition of Land Owners' Estates Act, 1963, directing them to hand over possession of the land to the Sub-Divisional Officer, Jodhpur. The petitioners filed writ petitions challenging the notices, contending that they were issued in disregard of the principles of natural justice and that they had been in possession of the land since 1964.
Finding of the Court:
The Court held that the petitioners had failed to establish that they were admitted as tenants prior to the coming into force of the Act. The document relied upon by the petitioners did not confer any right of tenancy on them as it did not contain any consideration for the contract of tenancy. The Court also held that the petitioners had not been in possession of the land since 1964 and that they had not cultivated the land between 1964 and 1969. The Court further held that the grants made in December 1969 were null and void as they were made after the notified date of September 1, 1964, which was the date of vesting under the Act. The Court concluded that the petitioners had not established any right even prima-facie in their favour and that the proceedings initiated under Section 9A of the Act were not vitiated for the reason that the basic principles of natural justice had not been observed.
Issues: 1. Whether the petitioners were admitted as tenants of the agricultural lands specified in the respective documents? 2. Whether the notices issued on December 9, 1975, calling upon them to hand over possession of the lands in their possession within ten days of the receipt of such notices, are in utter disregard of the principles of natural justice?
Ratio Decidendi: 1. The document relied upon by the petitioners did not confer any right of tenancy on them as it did not contain any consideration for the contract of tenancy. 2. The petitioners had not been in possession of the land since 1964 and had not cultivated the land between 1964 and 1969. 3. The grants made in December 1969 were null and void as they were made after the notified date of September 1, 1964, which was the date of vesting under the Act. 4. The petitioners had not established any right even prima-facie in their favour and the proceedings initiated under Section 9A of the Act were not vitiated for the reason that the basic principles of natural justice had not been observed.
Final Decision: The Court dismissed the appeals filed by the petitioners.
"HIS HIGHNESS HOUSE HOLD, JODHPUR
Umaid Bhawan Palace, Jodhpur, Dated 5th January, 1964
Shri Bal Singh s/o Bhom Singh Rajput at present Doedhidhar in H.H. House-hold Department has been admitted as tenant of the agricultural land of H.H. the Maharaja Sahib Bahadur Shri Gaj Singhji in Moja Bilara, Tehsil Bilara, District Jodhpur and allowed to cultivate 50 Bighas land in Khasra No. 4292.
Sd/- Manoharsingh COMPTROLLER OF HOUSE HOLD JODHPUR.