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2015 Supreme(Raj) 468

SUNIL AMBWANI, GOPAL KRISHAN VYAS, P.K.LOHRA
Tara – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
J.L. Purohit, Sr.Advocate with Rajeev Purohit, N.R. Budania, R.S. Mehta,
T.S. Champawat, Paramveer Singh, Moti Singh, C.R. Jakhar and V.N. Kalla, for Appellants/Petitioners;
Dr. P.S. Bhati, Addl. Advocate General with Sajjan Singh, Monit Bhatnagar,
O.P. Boob, B.L. Choudhary, D.S. Rajvi, RDSS Kharlia, Rajesh Choudhary, for Respondents

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. Land held in Jagir by a Hindu deity (idol), whether cultivated directly by the deity or through a Shebait/Pujari, is not considered as the deity's personal cultivation after the enactment of the Jagir Act of 1952. Such land is to vest in the State, and the deity's rights are limited to khudkasht land cultivated for temple expenses, including sewa puja (!) (!) .

  2. Lands held in the name of Shebaits/Pujaris after the resumption of Jagir lands are considered resumed by the State, and the deity loses all rights in these lands. These lands cannot be alienated or transferred by the Shebaits/Pujaris after resumption, and any such transfers are null and void (!) (!) .

  3. The rights of a Hindu deity in Jagir lands are limited to khudkasht lands cultivated directly by the Shebait/Pujari or through hired labor or servants. The deity does not have rights in lands leased out to tenants or sub-tenants after the resumption, and such lands are to be treated as the rights of the tenants or the State (!) (!) .

  4. The land held in Jagir by a deity, if cultivated by a person other than the Shebait/Pujari or through hired labor, becomes the khatedari land of that person, and the deity's name must be expunged from revenue records. Such lands are not in the personal cultivation of the deity and are to be resumed by the State (!) (!) .

  5. No person can acquire rights by adverse possession against the lands that have been resumed or are under tenancy rights of khatedars. The applicable limitation period under the relevant tenancy laws prevails, and adverse possession claims are not sustainable against the State or lawful tenants (!) (!) .

  6. There is no fixed time limit for making references regarding land held by a Hindu deity under relevant revenue laws. Such references can be made within a reasonable period, considering the facts and circumstances of each case. Even in cases of alleged fraud, the exercise of such powers must be within a reasonable timeframe and not after an unreasonable delay of several decades (!) (!) .

  7. The legal position emphasizes that a Hindu deity, being a perpetual minor and a juristic person, cannot directly cultivate land or hold rights in land through legal persons or through indirect means unless specifically recognized under law. The land rights are limited to direct cultivation by Shebaits/Pujaris or tenants, with the State holding the residual rights after the abolition of Jagirs (!) (!) .

  8. The transfer or alienation of Jagir or Muafi lands by Shebaits/Pujaris after the resumption is invalid. The lands, once resumed by the State, are not transferable by the Shebaits/Pujaris, and any such transfers are null and void (!) (!) .

These points reflect the legal principles and findings as summarized from the detailed judgments and legal discussions in the document.


Hon'ble AMBWANI, C.J.—This Larger Bench was constituted to decide the important questions of law, which were referred on 26.02.2001, re-framed on 16.05.2001, 01.03.2011 and again on 17.12.2014 as follows:-

“(i) Whether the land held in Jagir, by Hindu Idol (deity) as Dolidar or Muafidar cultivated by a person other than the Shebait/Pujari of the deity or by hired labour or servants engaged by its Shebait/Pujari as a tenant of the deity, such idol being treated as a perpetual minor, will still be regarded as land held in the personal cultivation of the deity or will such land be regarded as held in the tenancy by the person cultivating such land as tenant of a deity?

(ii) What are the rights of the Hindu Idol (deity) in the lands held by them in the name of its Shebaits/Pujari on the date of resumption of such Jagir, under the provisions of the Rajasthan Land Reforms & Resumption of Jagir Act, 1952?

(iii) Whether such a Jagir land/Muafi held by the Shebait/Pujari of Hindu Idol (deity) in their name after the date of resumption of the Jagir (Muafi) can be alienated by them? If so, what is the effect?

(iv) Whether any person can acquire right by adverse possession in the lands of aforesai



























































































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