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Bhadar Ram (D) Thr. LRs. vs. Jassa Ram & Ors. (SC)

46.00 4.60

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Rajasthan Tenancy Act, 1955–Sec. 42–Rajasthan Colonisation Act, 1954–Sec. 13A–Land was allotted to C as a scheduled caste landless person–P got executed the sale deed under the guise of documentation–Suit for ejectment because the sale was in breach of provisions of Sec. 42–Decreed–Possession was handed over to C–However, P executed the sale deed in favour of present appellant who is also a scheduled caste person belonging to the State of Punjab–Held, he cannot claim the benefit of a Scheduled Caste in the State of Rajasthan for the purpose of the land belonging to a Scheduled Caste person of State of Rajasthan–Division Bench rightly held that the sale transaction in his favour was in violation of Sec. 42 of R.T.Act–Further held, BOR wrongly granted the benefit of compounding u/s. 13A(2) of the Colonisation Act as the order of ejection had already been passed and possession was handed over to the respondent and the transaction was hit by the provisions of Sec. 13–No case is made out for interference in the impugned order of Division Bench.