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1982 Supreme(Raj) 45

G.M.LODHA
Balu – Appellant
Versus
Birda – Respondent


Advocates Appeared:
Hanuman Choudhary, for Appellants; N.L. Tibrewal and Y.C. Sharma, for Respondents.

G.M. LODHA, J —Can the protective umbrella of Section 42 Rajasthan Tenancy Act, aimed to implement the socioeconomic uplift of Scheduled Caste Sheduled Tribes, by prohibiting transfer of land by them, so that they retain land, be nullified and set at naught by ingenious legal trickery of affluent and resourceful segment of society by obtaining compromise decrees, surrendering the land to non-scheduled caste? When a landless tiller Harijan or Girijan again becomes landless by compromise, would the law permit such economic suicide by Harijans, against legislative intent of Section 42, is the pivot of debate in this Harijans litigations,

2. And now the traditional narration of facts.

3. This is plaintiffs second appeal after making attempt to get a decree in two lower courts.

4. The plaintiffs are Harijans and therefore, members of Scheduled Caste in Rajasthan. The plaintiffs are Khatedars of some agriculture land. There is a chequered history of the case in which in an earlier litigation a decree was passed by which the plaintiffs were deprived of some land in Khasra No. 69 on the basis of some compromise.

5. In order to understand to the case in a little details, it would be better to m













































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