Whether transfer of landholding by member of Scheduled Caste in favour of person not belonging to Scheduled Caste is valid?

Ram Karan v. State of Rajasthan, (2014) 8 SCC 282
Tenancy and Land Laws
Rajasthan Tenancy Act, 1955 (3 of 1955)
S. 42 proviso (as ins. by amending Act 27 of 1956) - Transfer of landholding by member of Scheduled Caste in favour
of person not belonging to Scheduled Caste - Held, forbidden and unenforceable under proviso - Hence, such transfer
also unlawful under S. 23 of Contract Act and agreement of such transfer void under S. 2(g) of Contract Act,
 
Rajasthan Tenancy Act, 1955 (3 of 1955)
Ss. 175 and 42 - Limitation period for filing ejectment case - Period should be reasonable when no period is prescribed -
Relevant factors for determining reasonable period - Unreasonable delay - Sale of landholding effected in 1962 in
violation of prohibition under S. 42 - Land mutated in vendee's name in 1963 - No action taken by vendors for restoration
of land in their favour - Suit for ejectment of vendees filed by Tahsildar after 31 yrs in 1993 - Application for appointment
of Receiver filed in that suit, rejected by Assistant Collector by holding that vendee had been in possession and
cultivating suit land for 32 yrs - Held, ejectment suit filed beyond reasonable period of limitation, hence barred by
limitation and not maintainable, 

Print Page