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1962 Supreme(Raj) 140

D.M.BHANDARI, B.P.BERI
Jassuram – Appellant
Versus
State of Rajastan – Respondent


Advocates:
V.P. Tyagi, S.M. Mehta, Kishansingh, Mishrilal, Jethmal, R.N. Bishoni, M.S. Gehlot, Vishanlal, Ramnarain and R.S. Bhati, for Petitioners; G.C. Kasliwal, Advocate-General and B.C. Chatterjee, Dy. Govt. Advocate, for the State.

Judgement

BHANDARI, J. :- These 85 writ petitions are disposed of by this judgment as they are similar on facts and common questions of law arise for consideration in all of them.

2. All the petitioners claim to be tenants in Tehsil Nohar, which formed part of the former Bikaner State before the State of Rajasthan was formed. Until the repeal of the Bikaner State Tenancy Act (Act No. II of 1945 (hereinafter called the Bikaner Tenancy Act) by the Rajasthan Tenancy Act (Act No. Ill of 1955 (herein, after, called the Act) which came into force on the 15th October 1955, the status of the petitioners as tenants was governed by the provisions of the Bikaner Tenancy Act. So far as the State lands (sic) were concerned, that Act recognised occupancy tenants, Khatedar tenants, tenants for fixed terms and the tenants who did not fall in these three classes. That law also recognised occupancy tenants in respect of private lands.

The common case of the petitioners is that they were tenants of the one kind or the other under the Bikaner Tenancy Act, and by virtue of the Section 15 of the Act they became Khatedar tenants enjoying rights conferred under the Act and their Khatedari rights were taken a

















































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