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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Inderjeet Singh, Pramil Kumar Mathur
Anandi Lal S/o Sh. Tara Chand – Appellant
Versus
Dalip Prajapat – Respondent
ORDER :
1.This appeal has been filed by the appellants against the order dated 03.02.2025 passed by the learned Single Judge in S.B. Civil Writ Petition No.713/2005.
2. The facts as mentioned by the learned Single Judge in para No.2 of the writ petition are as under:-
“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
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.
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.
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....
The Board of Revenue exceeded its jurisdiction by reversing the Revenue Appellate Authority's well-reasoned findings based solely on the non-production of evidence, which was not a deliberate act of ....
A person being a Scheduled Caste belonging to State of Punjab and being an ordinarily and permanent resident of State of Punjab cannot claim benefit of a Scheduled Caste in State of Rajasthan for the....
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