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 mention the facts in details as mentioned by the first appellate court, which are as under:-

6. The plaintiffs case is that there is a Kothi Bhan Singh in village Jalpali. There is a well on this land and its No. is 70. The land is split in two parts and their Nos. are 69 and 71 each measuring 7 bighas and one biswa. The land Khasra No. 69 is called Uguna Pana and land No. 71 is called Athoona Pana. Between the parties there were proceedings under S. 145 Cr.P.C. in the court of S.D.M. Neem Ka Thana. On 11th July 1956 the learned S.D.M. attached the land under S. 146 Cr.P.C., and directed the parties to get their rights decided by a competent court. On 11th August, 1957 Birda defendant No. 1 filed a suits in the court of Assistant Collector, Neem Ka Thana for declaration about Khasra No 71. Another suit was brought by the plaintiff for declaration of Khasra No. 69 in the said court. On the application of the parties both the suits were consolidated. The suit by the present plaintiff was against Birda, Sheobux and Nand Singh. Since Sukhsingh. Narainsingh were the Khatedar they were made proforma defendants. The suit by Birda was against Sukhsingh etc. During the proceedings of these suits which were consolidated on 4th Aug., 1958 a compromise was arrived at between the plaintiff and defendants No. 1, 2 and 3 at Shrimadhopur. As per the compromise the plaintiff was given two bighas 7 biswas of land in both these Khasras and in these terms the compromise was filed in the court. In the suit filed by the plaintiff the compromise was filed but in the case filed by Birda the compromise was filed but Birda did not put his thumb impression on it. This fact was kept concealed from the plaintiffs AM Muktiar and the Mukhtiar was told that the compromise is in terms of the Settlement arrived at between the parties and it is on behalf of Birda also. On 28th Aug. 1958 Birda filed another compromise according to which Birda was given two bighas and 7 biswas of land and the rest was given to Nandsingh. The plaintiff came to know of this mischief by the defendant Birda when the Girdawar of Tehsil Shrimadhopur on 27th September, 1959 came there and banded over the possession of two bighas and 7 biswas of land on which the plaintiffs crop was standing to the defendant. Later on the plaintiff went to Tehsil, inspected the file and came to know about the fraud played by the defendant on him. He also averred that due to this handing over possession to the defendant of the land he sustained a loss of Rs. 200/-. He, therefore, prayed that both the decrees given on the basis of the compromise in the case filed by the plaintiff and defendant Birda be set aside, as they were obtained by fraud He also prayed that it be declared that the decrees are not binding on him, that he be de

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