Rajasthan Tenancy Act, 1955–Sec. 63(viii)–Tenancy rights of petitioner were extinguished on the ground that he was convicted for the offence u/s. 3 r/w. 6 of the Passport Act–Justification–Sec. 3 of Act pertains to departure from India and not for migration–Petitioner produced the evidence that he did not cross the border–He was arrested from the village of India–Even he crossed the border, it was for an inadvertence because the border was open–Nothing on record to show that the appellant migrated to Pakistan with some sort of intention–His permanent village is very close to the international border–Further, every departure from India cannot be treated as migration–Impugned orders and judgment of Courts below are liable to be quashed and set aside.
