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Anandi Lal & Anr. vs. Dalip Prajapat & Ors.

52.00 5.20

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Rajasthan Tenancy Act, 1955–Secs. 42(B), 88 & 183-B–Claim of petitioner that the suit filed by him for declaration of khatedari rights ought to be allowed because earlier, the application filed by him u/s. 183-B had been dismissed–Acceptability of claim–Three Authorities have recorded the concurrent findings that the land belonging to SC category was transferred to a person not belonging to SC category–These findings have not been challenged–Sale, gift or bequest of khatedari rights by a person of SC/ST to a person not member of the SC/ST is void–The Principle of res judicata shall not apply in the present case as the issue in the proceedings u/s. 183B was ejectment of the petitioner–Held, the suit was rightly dismissed in view of the provisions of Sec. 42(b) of the Act.