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1976 Supreme(Raj) 126

D.P.GUPTA, K.D.SHARMA, A.P.SEN, V.P.TYAGI, M.L.SHRIMAL
Banshidhar – Appellant
Versus
State – Respondent


Advocates Appeared:
H.M. Parekh, C.K. Garg, G.M. Mehta, Dalpat Raj, Y.K. Tiwari and Sitaram Jodhi, for Civil Special. Appeal No. 8/76, C.S.A. No. 37/76, 14/76, CW 351/76, C.S.A. No. 18 and 29 of 1976 & C.W. No. 364/76, C.S.A. No. 20 to 28 of 1976, C.S.A. No. 31 to 37 of 1976

TYAGI (Actg.) C.J.—These 27 special appeals arise out of the judgment of the learned Single Judge dated December 22, 1975 whereby the learned Judge has held that the proceedings commenced under Chapter-IIIB of the Rajasthan Tenancy Act, 1955 (herein after referred to as the old law) for the determination of the ceiling and the surplus area of the land holders shall even after the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Act No. 11 of 1973) (hereinafter called the new Law) came into force, be governed by the old Law and the new Law shall have no effect on such proceedings. Having felt aggrieved by this finding the land-holders have preferred these appeals.

2. In order to resolve the controversies raised in these appeals it will be relevant to give a short history of various laws enacted by the legislature from time to time for the fixation of ceiling on agricultural holdings. For the first time, the law was made in the State of Rajasthan by enacting the Rajasthan Tenancy (Amendment) Act, 1960, (Act No 4 of 1960) which introduced in the Rajasthan Tenancy Act, 1955 Chapter III-B. This amending Act got the assent of the President on March 12, 1960. This Chapte




























































































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