AI Overview...
- Section 175 of the Rajasthan Tenancy Act, 1955 - Main points:
- Section 175 governs the transfer and eviction of agricultural land, with specific provisions regarding transfer for non-agricultural purposes and restrictions under Section 42.
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Transfers that violate Section 42 (which prohibits certain transfers without prior permission) are deemed invalid, and such violations can lead to proceedings under Sections 183-B and 232 for recovery and restoration of possession Akbar Khan VS Lakhan Singh - Rajasthan, Adu Ram VS Sahab Ram - Rajasthan, Chhail Singh VS State Of Raj. - Rajasthan, Jawat Raj VS State of Rajasthan - Rajasthan, Jawat Raj VS State of Rajasthan - Rajasthan.
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Section 42 of the Rajasthan Tenancy Act, 1955 - Main points:
- Prohibits transfer of land by Scheduled Tribe members to non-tribal persons without permission.
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Violations of Section 42 are subject to legal proceedings, including initiation of proceedings for restoring possession and declaring transfers invalid Adu Ram VS Sahab Ram - Rajasthan, Jawat Raj VS State of Rajasthan - Rajasthan, Jawat Raj VS State of Rajasthan - Rajasthan, Vidhyadhar Sunda VS State - Rajasthan.
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Ejectment and legal proceedings - Main points:
- Grounds for ejectment must be valid under the Tenancy Act; grounds based on other laws are not sufficient if not recognized by the Act itself Akbar Khan VS Lakhan Singh - Rajasthan.
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Courts have upheld the invalidity of transfers or ejectments that violate provisions of the Act, especially Sections 42 and 175, and have dismissed petitions where violations occurred SHANKER LAL VS STATE OF RAJASTHAN - Rajasthan, Adu Ram VS Sahab Ram - Rajasthan, Vidhyadhar Sunda VS State - Rajasthan.
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Judicial interpretations and decisions - Main points:
- Courts have emphasized the importance of adhering to Section 42 restrictions on transfer, especially concerning Scheduled Tribes.
- Proceedings initiated under Sections 183-B and 232 aim to restore possession in cases of illegal transfer or violation of the Act Jawat Raj VS State of Rajasthan - Rajasthan, Jawat Raj VS State of Rajasthan - Rajasthan.
Analysis and Conclusion:
Legal decisions under the Rajasthan Tenancy Act consistently reinforce that transfers violating Section 42 are invalid and subject to restoration proceedings. Ejectment based on illegal transfers or violations of the Act's provisions is not sustainable unless grounded in valid legal grounds recognized by the Act. Courts have upheld the strict enforcement of these provisions, emphasizing the protection of Scheduled Tribes and the importance of compliance with statutory restrictions for transfer and eviction processes Akbar Khan VS Lakhan Singh - Rajasthan, Adu Ram VS Sahab Ram - Rajasthan, Chhail Singh VS State Of Raj. - Rajasthan.
References:
- Rajasthan Tenancy Act, 1955, Sections 42, 175, 183-B, 232
- Judicial decisions cited in the sources above
Search Results for "Decision Related to Section 175 Rajasthan Tenancy Act"
1958 0 Supreme(Raj) 109 • India - Rajasthan
KISHEN PURI, SHYAMLAL
of the State cannot be regarded as a valid ground effective under the Tenancy Act if it is not to be found in any of the sections ... Tenancy Act Sec. 161—Ejectment on grounds valid under any other law but not provided under the Act. ... Any ground which may have been a valid ground of ejectment under the Bikaner Tenancy Act or under any other Act in force in any part ... Act. After the enforcement of the #HL_START....
2012 0 Supreme(Raj) 812 • India - Rajasthan
BAJRANG LAL SHARMA
Rajasthan Tenancy Act, 1955, Secs. 212 and 42 — Grant of temporary injunction — Land belonged to the petitioners who are Scheduled ... period of limitation provided for items related to Section 183(B) and 175 and the Third Scheduled. ... Therefore, it is unequivocally clear that the sale of disputed land is hit by Section 42 of the Act. Hon'ble Rajasthan High Court in its D.B. decision (Ram Chandra vs. ... —This r....
2014 0 Supreme(SC) 462 • India - Supreme Court
SUDHANSU JYOTI MUKHOPADHAYA, KURIAN JOSEPH
(a) Rajasthan Tenancy Act, 1955 – Section 42 – Second Amendment, 1956 forbidding ... 42 and 175 of the Rajasthan Tenancy Act, 1955. ... Tenancy Act, 1955 – Section 175 – Period of limitation 12 years – Application for eviction filed ... It is also to be noticed that under Section 214 of the Rajasthan Tenancy Act#HL_E....
2006 0 Supreme(Raj) 1464 • India - Rajasthan
DINESH MAHESHWARI
agricultural land under Section 175 of the Rajasthan Tenancy Act. ... Adoption - Rajasthan Tenancy Act - Section 175 - 42 - 1955 - Summary: The court discussed the provisions of Section 42 of the ... Final Decision: The court dismissed the petitioner's writ petition and upheld the judgments and decrees related to the transfer ... 175 of the #H....
2008 0 Supreme(Raj) 479 • India - Rajasthan
N.P.GUPTA, KISHAN SWAROOP CHAUDHARI
jktLFkku dkrdkjh vf/kfu;e] 1955] /kkjk 232] 175 ... of the Rajasthan Tenancy Act. ... 42(b) of the Rajasthan Tenancy Act,1955, hereafter to be referred to as the Act of 1955. ... Can it not be said that it was a transfer for the purpose of Section 42 as surrender can only be made under section 55 of the Rajasthan Tenancy Act? Broadly speaking. ... We have consi....
2024 Supreme(Online)(RAJ) 32350 • India - High Court of Rajasthan (Jodhpur Bench)
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE YOGENDRA KUMAR PUROHIT, JJ
(A) Rajasthan Tenancy Act, 1955 - Section 88 - Agricultural land dispute - The appellant challenged the dismissal of his writ petition ... asserting that the respondent was not afforded a reasonable opportunity of hearing - The learned Single Judge upheld the Board's decision ... Pertaining to his claim, as above, in the land in question, the appellant (writ petitioner) instituted a revenue suit before the Assistant Collector, Jodhpur seeking declaration and possession under Section 88....
2015 0 Supreme(Raj) 353 • India - Rajasthan
MOHAMMAD RAFIQ
42(b) of Rajasthan Tenancy Act. ... 42 of the Rajasthan Tenancy Act. ... 42 of the Rajasthan Tenancy Act. ... (b) of Rajasthan Tenancy Act. ... Doing so is completely prohibited by Section 42 of the Rajasthan Tenancy Act. ... The division bench judgment of this Court in Babu Singh has again dealt with proviso....
2015 4 Supreme 66 • India - Supreme Court
H. L. DATTU, A. K. SIKRI, ARUN MISHRA
(Para 19, 21) ... (c) Rajasthan Tenancy Act – Section ... of the Rajasthan Tenancy Act, was brushed aside. ... Tenancy Act – Section 175 – Agreement of Society with Scheduled caste khatedars void ab initio – ... Rajasthan Tenancy Act. ... It is bound to act upon its decision and allot the 25% of the developed....
2011 0 Supreme(Raj) 317 • India - Rajasthan
ARUN MISHRA, VINEET KOTHARI
Rajasthan Tenancy Act, 1955, Sec. 42, 183-B, 232 — Land transferred by a person of Scheduled Tribe to a person non-Scheduled Tribe ... The proceedings were also initiated under Section 183-B of the Rajasthan Tenancy Act, 1955 for taking possession. The order of restoration of possession was passed with respect of Survey No. 522. ... Choudhary, learned counsel appearing on behalf of Scheduled Tribe persons assailing the part of the order with respect to vesting of the ....
2011 0 Supreme(Raj) 314 • India - Rajasthan
ARUN MISHRA, VINEET KOTHARI
Rajasthan Tenancy Act, 1955, Sec. 42, 183-B, 232 — Land transferred by a person of Scheduled Tribe to a person non-Scheduled Tribe ... The proceedings were also initiated under Section 183-B of the Rajasthan Tenancy Act, 1955 for taking possession. The order of restoration of possession was passed with respect of Survey No. 522. ... Choudhary, learned counsel appearing on behalf of Scheduled Tribe persons assailing the part of the order with respect to vesting of the ....
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