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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MR. JUSTICE AVNEESH JHINGAN, J
Anandi Lal S/o Shri Tara Chand – Appellant
Versus
Shri Dalip Prajapat, Tehsildar, Tehsil Chhabara – Respondent
| Table of Content |
|---|
| 1. purchase of land details (Para 1 , 2) |
| 2. petitioners' claim of sc status (Para 3) |
| 3. contradicting adverse possession (Para 4) |
| 4. khatedari rights and adverse possession (Para 5 , 6 , 7 , 8 , 9) |
| 5. petition dismissal (Para 10) |
Order
2. The brief facts are that the petitioner No.1—Anandi Lal and Devi Lal: father of petitioner No.2—Radhey Shyam purchased land comprising of khasra Nos.90 measuring 13 bigha 2 biswas, khasra No.261 measuring 1 bigha 2 biswas, khasra No.299 measuring 5 biswa, khasra No.378 measuring 1 bigha 13 biswas, khasra No.391 measuring 5 bighas, khasra No.124 measuring 8 bighas 18 biswas and khasra No.230 measuring 17 bighas 13 biswas in all 47 bighas 13 biswas situated in Village Hanuwant Kheda (hereinafter ‘land’) vide registered sale deed dated 06.07.1965. The land was purchased from Mohana Son of Sukha (hereinafter referred to as ‘seller’) belonging to Scheduled Caste (for brevity ‘SC’). The petitioner No.1 claimed to be in cultivating possession of the land. The petition filed under Section 175 of the Rajasthan Tenancy Act, 1955 (for short ‘the Act of 1955’) seeking ejectment of petitioners for legal transfer or sub letting was dismissed on 19.09.
A sale of land belonging to Scheduled Caste in violation of Section 42(b) of the Rajasthan Tenancy Act is void, and khatedari rights cannot be claimed through adverse possession.
A sale of land belonging to Scheduled Caste members in violation of Section 42(b) of the Rajasthan Tenancy Act does not confer khatedari rights through adverse possession.
Adverse possession cannot be claimed by a General Caste individual over land owned by a Scheduled Tribe individual, as per Section 42 of the Rajasthan Tenancy Act.
Point of Law : Proceedings initiated under Section 175 of Rajasthan Tenancy Act, 1955 were justified and learned Board of Revenue, after duly taking into consideration facts and circumstances of case....
Jurisdiction to declare khatedari rights is exclusively with Revenue Courts; Civil Courts can only grant consequential reliefs after such determination.
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