SUNIL AMBWANI, GOPAL KRISHAN VYAS, P.K.LOHRA
Tara – Appellant
Versus
State of Rajasthan – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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.
“(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
Ramesh Chand Tiwari & Anr. vs. State of Rajasthan & Ors. (2000(2) RLR 269) 2
Ram Lal & Anr. vs. Board of Revenue & Ors. (1990(1) RLR 161) 2
Bal Kishan vs. Board of Revenue & Ors. (2000(1) RLR 69) 2
Deepa vs. State of Rajasthan & Ors. ((1996) 1 SCC 612) 2
Naini Bai & Ors. vs. State of Rajasthan & Ors. (2000(1) RLR 143) 2
Thakur Amar Singhji & Ors. vs. State of Raj. & Ors. (AIR 1955 SC 504) 6
Bir Singh & Ors. vs. Pyare Singh & Ors. ((2000) 3 SCC 652) 6
Kalanka Devi Sansthan vs. The Maharashtra Revenue
Bal Kishan vs. Board of Revenue & Ors. (2000 RRD 14) 18
Kanchan Bai & Ors. vs. Board of Revenue & Ors. (2000 RRD 109) 18
Prabhu Das vs. State of Raj. & Ors. (1993 RRD 319) 18
Dindayal & Anr. vs. Rajaram (AIR 1970 SC 1019) 34
State of Gujarat vs. Patel Raghave Natha & Ors. (AIR 1969 SC 1297) 39
Mansa Ram vs. S.P. Pathak & Ors. (AIR 1983 SC 1239) 39
State of Punjab vs. Bhatinda District Cooperative Milk Producers Union Ltd. ((2007) 11 SCC 363) 39
Joint Collector Ranga Reddy District & Anr. vs. D.Narsing Rao & Ors. ((2015) 3 SCC 695) 40
Bishwanath & Anr. vs. Thakur Radha Vallabh Ji & Ors. (AIR 1967 SC 1044) 44
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