Bhadar Ram (D) Thr. Lrs. vs Jassa Ram .

[REPORTABLE]

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICITON

Civil Appeal No. 5933 of 2021

BHADAR RAM (D) THR. LRS .. Appellant(s)

Versus

JASSA RAM & ORS. ..Respondent(s)

JUDGMENT

M. R. Shah, J.

[1.0] Feeling aggrieved and dissatisfied with the

impugned judgment and order dated 07.04.2011 passed by

the Division Bench of High Court of Judicature for Rajasthan

Signature Not Verified at Jodhpur in Civil Special Appeal No.1398/1999 by which the Digitally signed by R Natarajan Date: 2022.01.05

Division Bench of High Court has allowed the said Appeal 17:01:55 IST Reason: 2

preferred by the respondent herein – original plaintiff, the

appellant herein ­ original defendant – purchaser of the suit

land in question has preferred the present Appeal.

[2.0] The facts leading to the present Appeal in nutshell

are as under:

[2.1] The dispute is with respect to the land situated at

village Dharamsinghwala, Tehsil Sadulshahar, District Sri

Ganganagar, Rajasthan. The said land was allotted to one

Chunilal as Scheduled Caste landless person and father of the

respondent herein – original plaintiff. As per the case of the

respondent – original plaintiff, in the year 1972, the said

Chunilal borrowed a sum of Rs.5000/­ from one Puran Singh

and under the guise of documentation, the said Puran Singh

belonging to Jat ­ High Caste fraudulently made Chunilal sign

the sale deed in favour of the appellant herein – original

defendant – Bhadar Ram, who was a resident of Punjab. 3

[2.2] The said Chunilal filed a suit for ejectment against

Puran Singh and Bhadar Ram on the ground that he was the

allottee of the land and the sale deed dated 21.06.1972 is void

and ineffective and the same is in violation of Section 42 of the

Rajasthan Tenancy Act, 1955 and Section 13 of the Rajasthan

Colonization Act, 1954. The said suit came to be decreed by

the learned trial Court vide judgment and decree dated

13.10.1980 holding that the land was in possession of Puran

Singh who was not a Scheduled Caste person and that the

sale deed is in violation of Section 13 of the Rajasthan

Colonization Act, 1954 as well as in breach of Section 42 of

the Rajasthan Tenancy Act, 1955 and therefore, the said

Puran Singh is liable to be evicted. As per the case of the

respondent ­ original plaintiff, the possession of the land was

handed over to him in pursuance of the decree passed by the

learned trial Court. The possession was found to be with

Puran Singh and not with Bhadar Ram. Feeling aggrieved and

dissatisfied with the judgment and order /decree passed by

the learned trial Court, the appellant – original defendant filed 4

Appeal before the Revenue Appellate Tribunal. The Revenue

Appellate Tribunal dismissed the said Appeal. The appellant –

original defendant filed the Appeal before the Board of

Revenue, which came to be allowed vide order dated

25.04.1989 by giving benefit of compounding to the appellant

– original defendant on payment of compounding fees under

Section 13 of the Rajasthan Colonization Act, 1954.

[2.3] Feeling aggrieved and dissatisfied with the order

passed by the Board of Revenue, the respondent – original

plaintiff filed a Writ Petition before the learned Single Judge of

the High Court. The learned Single Judge of the High Court

dismissed the said Writ Petition vide judgment and order

dated 15.09.1999. The respondent – original plaintiff

thereafter preferred Appeal before the Division Bench and by

the impugned judgment and order the Division Bench of the

High Court has allowed the said Appeal and has set aside the

judgment and order passed by the learned Single Judge

holding that the appellant herein – original defendant, being 5

the resident and Scheduled Caste belonging to the State of

Punjab, he could not have taken the benefit of his being

Scheduled Caste in the State of Rajasthan. While holding so,

the Division Bench of High Court relied upon the decision of

this Court in the case of Action Committee on Issue of Caste

Certificate to Scheduled Castes and Scheduled Tribes in

the State of Maharashtra and Another Vs. Union of India

and Another, (1994) 5 SCC 244.

[2.4] Feeling aggrieved and dissatisfied with the

impugned judgment and order passed by the Division Bench

of the High Court, the appellant ­ original defendant –

purchaser of the land in question has preferred the present

Appeal.

[3.0] Learned Counsel appearing on behalf of the

appellant – original defendant has vehemently submitted that

as such all throughout the case set up by the respondent –

original plaintiff was all alone that the transaction was void 6

for absence of prior permission as required under Section 13

of the Rajasthan Colonization Act, 1954 before executing the

sale between the members of Scheduled Caste and that the

appellant – original defendant has been allegedly used by

Puran Singh to overcome the bar imposed by Section 42 of the

Rajasthan Tenancy Act. It is submitted that thus the

respondent – original plaintiff admitted that the appellant –

original defendant is the Member of Scheduled Caste and

known in the community as such. It is submitted that since

there was never a proper /formal issue framed qua the

ordinary status of the appellant – original defendant for

determination of caste status in relation of State of Rajasthan,

adequate evidence could not be presented, though the

appellant’s father – forefathers are residents of Rajasthan.

[3.1] It is submitted that after amendment of 1983,

Section 13A has been inserted in Rajasthan Colonization Act,

1954, which permits compounding and regularization of the

transaction executed without the permission as required 7

under Section 13 of the Rajasthan Colonization Act, 1954 on

deposit of compounding fees, which was correctly done by the

Board of Revenue in the present case after the amendment. It

is submitted that, as submitted hereinabove, the main thrust

of the case of the respondent – original plaintiff until then was

that the transaction was not in compliance of Section 13 of the

Rajasthan Colonization Act, 1954. It is submitted that only

after the decision of the Board of Revenue, the respondent –

original plaintiff shifted the focus to Section 42 of the

Rajasthan Tenancy Act, 1955.

[3.2] It is submitted that merely because the appellant –

original defendant was residing or has house at Punjab does

not make him an ordinarily resident of Punjab. Reliance is

placed on Section 20(1) of the Representation of People Act,

1950. It is submitted that therefore a further inquiry into that

aspect is /was required before residential status is finally

determined.

8 [3.3] Learned Counsel appearing on behalf of the

appellant – original defendant has also relied upon the report

of the Action Committee on the issue of caste certificate to

Scheduled Caste and Scheduled Tribes referring to the case of

Action Committee on Issue of Caste Certificate to

Scheduled Castes and Scheduled Tribes in the State of

Maharashtra and Another (supra).

[3.4] Now so far as the reliance placed upon the decision in

the case of Action Committee on Issue of Caste Certificate

to Scheduled Castes and Scheduled Tribes in the State of

Maharashtra and Another (supra) is concerned, it is

submitted that the said judgment only discusses the status of

a person in relation to a State, who has migrated to and has

not anywhere discussed a situation where a person having

migrated to another State was returning to his State of origin

and at that time the issue of Scheduled Caste status being

raised and agitated like the present case. He submitted that

even the said decision also only discuses Scheduled Caste 9

status with respect to employment /education or the like and

purchase or sale of property that has not been looked into.

[3.5] It is submitted that the purchase of the property is

out of one’s own fund i.e., for lawful consideration from

another and does not necessarily require State reservation or

other limitation and is essentially a free act determined in

open market, regulated only to the extent of its mode of

execution by law and has to be looked as such. It is

submitted that the appellant – original defendant therefore

should not be denied benefits of land purchased from his own

hard­earned money.

[3.6] It is submitted that even the respondent – original

plaintiff cannot be permitted to question 1972 sale in 1977

after 5 years for the first time. It is submitted that this fact

itself goes to show mala fides of the respondent – original

plaintiff and abuse of process of law thereafter to deny

appellant – original defendant his rightful land. It is

submitted that the consideration received has been retained 10

all throughout by the respondent – original plaintiff and the

appellant – original defendant has been depositing

compounding fees in terms of Section 13A of the Rajasthan

Colonization Act, 1954, and therefore, he should not be denied

the benefits of his land.

Making the above submissions, it is prayed to allow

the present Appeal and quash and set aside the impugned

judgment and order passed by the Division Bench.

[4.0] The present Appeal is vehemently opposed by Ms.

Christi Jain, learned counsel appearing on behalf of the

respondent – original plaintiff.

[4.1] It is submitted that the issue whether a person, who

is a member of Scheduled Caste in Punjab, where he is

residing, can claim the benefit of Scheduled Caste in

Rajasthan in relation to Section 42 of the Rajasthan

Colonization Act, 1954 is squarely covered by the decision of

this Hon’ble Court dated 01.11.2018 in Ranjana Kumari Vs.

State of Uttarakhand & Ors. in Civil Appeal 11

No.8425/2013. It is submitted that after considering two

constitution Bench judgments, in the case of Marri Chandra

Shekar Rao Vs. Dean, Geth G.S. Medical College and

Others, (1990) 3 SCC 130 and Action Committee on Issue

of Caste Certificate to Scheduled Castes and Scheduled

Tribes in the State of Maharashtra and Another (supra), it

is held that merely because in the migrant State, the same

caste is recognized as Scheduled Caste, a migrant cannot be

recognized as Scheduled Caste of the migrant State. It is

submitted that therefore applying the law laid down by this

Court and the aforesaid decisions, the Division Bench of the

High Court has rightly allowed the Appeal and has rightly held

that the appellant – original defendant, being the resident of

State of Punjab and being a member of Scheduled Caste in

State of Punjab, cannot claim benefit of Scheduled Caste in

Rajasthan, and therefore, the transaction between the

respondent ­ plaintiff and the appellant ­ original defendant is

hit by Section 42 of the Rajasthan Tenancy Act, 1955. 12 [4.2] It is further submitted that even the aforesaid issue

is covered by another decision of this Court in the case of Bir

Singh Vs. Delhi Jal Board, (2018) 10 SCC 312 (paragraph

34). It is submitted that therefore no interference of this Court

is called for in exercise of powers under Article 136 of the

Constitution of India.

[4.3] It is submitted that in the present case the suit was

filed by the respondent ­ original plaintiff for ejectment and for

declaring the sale deed dated 21.06.1972 as void being in

violation of Section 42 of the Rajasthan Tenancy Act, 1955 and

Section 13 of the Rajasthan Colonization Act, 1954. It is

submitted that in the present case the land was purchased by

Puran Singh a non­Scheduled Caste in the name of Bhadar

Ram when the respondent – original plaintiff borrowed some

money from him for his medical treatment. It is submitted

that therefore the same can be said to be in breach of Section

13 of the Rajasthan Colonization Act, 1954 as well as Section

42 of the Rajasthan Tenancy Act, 1955. It is further 13

submitted that even otherwise the appellant – original

defendant is a resident of Punjab and not of Rajasthan. It is

submitted that in the bainama, his address is shown as

Village Burajwala, Tehsil, Fajilka, District Firozpur, Punjab

and he is resident of Punjab. It is submitted that in the

mutation record also, his address is shown as that of Punjab.

In the cross examination, he has submitted that he was

resident of Punjab. It was not a case set up by him that he

was in fact a resident of Rajasthan and had migrated to

Punjab.

[4.4] It is submitted that the appellant – original

defendant claims to be a resident of Rajasthan only on the

ground that his grandfather had land in Rajasthan. It is

submitted that holding land in Rajasthan does not ipso facto

lead to the conclusion that the person belongs to that State.

There is no evidence of birth of appellant – original defendant

in Rajasthan. It is submitted that therefore the transaction is

hit by Section 42 of the Rajasthan Tenancy Act, 1955. 14

[4.5] It is submitted that even otherwise the appellant –

Bhadar Ram was in fact the benami holder for Puran Singh

who was not a member of Scheduled Caste in Rajasthan. The

land was found to be in possession of Puran Singh. The

learned trial Court specifically observed that the possession is

of Puran Singh. The learned trial Court also observed that the

possession is found to be with Puran Singh when the

authorities went to deliver the possession to the respondent –

original plaintiff in pursuance to the order passed by the

learned trial Court. It is submitted that therefore the sale

deed is in violation of Section 13 of the Rajasthan Colonization

Act, 1954.

[4.6] It is submitted that even otherwise the Board of

Revenue could not have given the benefit of compounding

under Section 13 A to the appellant – original defendant. It is

submitted that the benefit of compounding can only be given if

the transferee was in possession. In the present case, the

transferee – appellant was not in possession, and therefore, 15

the benefit of compounding could not have been given to the

appellant – original defendant. The permission of

compounding can only be given by the State Government and

not the Board of Revenue. It is submitted that even otherwise

the provisions under Section 13A could have been exercised

up to 13.06.1987 whereas Board has exercised it on

25.04.1989, which is beyond the time limit.

Making the above submissions and relying upon the

above decisions, it is prayed to dismiss the present Appeal.

[5.0] Heard learned Counsel appearing on behalf of the

respective parties at length. The short question, which is

posed for the consideration of this Court is, Whether the land

transaction in favour of the appellant ­ original defendant was

illegal and in violation of Section 42 of the Rajasthan Tenancy

Act, 1955 and Section 13 of the Rajasthan Colonization Act,

1954 being a person belonging to Scheduled Caste of State of

Punjab?

16

[6.0] It is not in dispute that the land in question is

situated within the State of Rajasthan. The land in question

was allotted to one Chunilal – father of the respondent –

original plaintiff, being a Scheduled Caste landless person.

According to the respondent – original plaintiff, the said

Chunilal borrowed a sum of Rs.5000/­ from one Puran Singh

(Jat ­ High Caste) and under the guise of documentation, the

said Puran Singh fraudulently made Chunilal to sign a sale

deed in favour of the appellant herein – Bhadar Ram, a

resident of Punjab. Thus, according to the respondent –

original plaintiff, in effect the sale was in favour of the said

Puran Singh. However, the said Puran Singh got the sale deed

executed in favour of the appellant herein – Bhadar Ram,

being a person belonging to Scheduled Caste (Scheduled Caste

in Punjab). According to the respondent – original plaintiff, all

throughout, the land was in possession of the said Puran

Singh, who was not a Scheduled Caste person and even after

the judgment and decree passed by the learned trial Court

when the possession was handed over to the respondent – 17

original plaintiff, the possession was found to be with Puran

Singh and not with the appellant ­ original defendant, and

therefore, it was the case on behalf of the respondent – original

plaintiff that the sale transaction in favor of Bhadar Ram was

in violation of Section 13 of the Rajasthan Colonization Act,

1954. It was also the case on behalf of the respondent –

original plaintiff that the sale transaction was also in violation

of Section 42 of the Rajasthan Tenancy Act, 1955 in as much

as the appellant – Bhadar Ram was belonging to Scheduled

Caste in the State of Punjab and he was the permanent

resident of State of Punjab. However, it was the case on behalf

of the appellant ­ original defendant that he being a person

belonging to Scheduled Caste, the sale deed in his favour

cannot be said to be in breach of Section 42 of the Rajasthan

Tenancy Act, 1955. It was also the case on behalf of the

appellant ­ original defendant that he has migrated to

Rajasthan and as his grandfather and father had purchased

the agricultural lands in the State of Rajasthan, and therefore, 18

he can be said to be the permanent resident of State of

Rajasthan.

[6.1] Whether the appellant herein – original defendant –

purchaser of the land in question, situated in the State of

Rajasthan, can be said to be an ordinarily resident of State of

Rajasthan, it is to be noted that in bainama, his address is

shown as Village Burajwala, Tehsil Fajilka, District Firozpur,

Punjab. In the mutation record also, his address is shown as

that of Punjab. In the cross examination, he has admitted

that he was a resident of Punjab. However, according to the

appellant – original plaintiff, as his grandfather and father had

purchased the lands in the State of Rajasthan, he can be said

to be an ordinarily resident of State of Rajasthan. The

aforesaid cannot be accepted. Merely because his grandfather

and father had purchased the agricultural lands in the State

of Rajasthan, the appellant cannot be said to be an ordinarily

resident of Rajasthan.

19

‘Ordinarily Resident’ has been defined under the

Representation of the People Act, 1950. As per Section

20(1) of the Representation of the People Act, 1950, ‘ordinarily

resident’ means a person shall not be deemed to be ordinarily

resident in a constituency on the ground only that he owns, or

is in possession of, a dwelling house therein. Considering the

documentary evidences referred to hereinabove, it cannot be

said that the appellant – original defendant is an ordinarily

/permanent resident of State of Rajasthan.

[7] Now whether the sale transaction in favour of the

appellant ­ original defendant can be said to be in violation of

Section 42 of the Rajasthan Tenancy Act, 1955 is concerned, it

is to be noted that as per Section 42 of the Rajasthan Tenancy

Act, 1955, there is a restriction on sale, gift or bequest by a

member of Scheduled Caste in favour of a person, who is not a

member of Scheduled Caste. Looking to the object and

purpose of such a provision, it can be said that the said

provision is to protect a member of the Scheduled Caste 20

belonging to the very State he belongs i.e., in the present case

the State of Rajasthan. Being a Scheduled Caste in the State

of Punjab whether the sale transaction in favour of the

appellant ­ original defendant could have been saved from the

bar under Section 42 of the Rajasthan Tenancy Act, 1955 is

now not res integra. In the case of Marri Chandra Shekar

Rao (supra) in paragraph 10 it is observed and held as under:

“10. It has, however, to be borne in mind that a man does not cease to belong to his caste by migration to a better or more socially free and liberal atmosphere. But if sufficiently long time is spent in socially advanced area then the inhibitions and handicaps suffered by belonging to a socially disadvantageous community do not continue and the natural talent of a man or a woman or a boy or girl gets full scope to flourish. These, however, are problems of social adjustment i.e how far protection has to be given to a certain segment of socially disadvantaged community and for how long to become equal with others is a matter of delicate social adjustment. These must be so balanced in the mosaic of the country’s integrity that no section or community should cause detriment or discontentment to other community or part of community or section. Scheduled Castes and Scheduled Tribes belonging to a particular area of the country must be given protection so long as and to the extent they are entitled in order to become equal with others. But equally those who go to other areas should also ensure that they make way 21

for the disadvantaged and disabled of that part of the community who suffer from disabilities in those areas. In other words, Scheduled Castes and Scheduled Tribes say of Andhra Pradesh do require necessary protection as balanced between other communities. But equally the Scheduled Castes and Scheduled Tribes say of Maharashtra, in the instant case, do require protection in the State of Maharashtra, which will have to be in balance to other communities. This must be the basic approach to the problem. If one bears this basic approach in mind, then the determination of the controversy in the instant case does not become difficult.”

While holding so, it is observed in the aforesaid decision

that the Scheduled Castes and Scheduled Tribes in some

States had to suffer the social disadvantages and did not have

the facilities for development and growth, and therefore, in

order to make them equal in those areas where they have so

suffered and are in the state of underdevelopment, to have

reservations or protection in their favour so that they can

compete on equal terms with the more advantageous or

developed sections of the community, a particular caste who

has suffered more in a particular State might be given

reservations or protection in their favour. It is also observed 22

that social condition of a State varies from State to State and it

will not be proper to generalize any Caste or any Tribe as a

Scheduled Caste or Scheduled Tribe for the whole country.

[7.1] In the case of Action Committee on Issue of Caste

Certificate to Scheduled Castes and Scheduled Tribes in

the State of Maharashtra and Another (supra) after

considering the decision of this Court in the case of Marri

Chandra Shekar Rao (supra) the question arose, Whether a

person belonging to caste or tribe specified for the purpose of

Constitution to be Scheduled Caste or a Scheduled Tribe in

relation to State A migrates to State B, where a caste or tribe

with the same nomenclature is specified for the purposes of

Constitution to be a Scheduled Caste or Scheduled Tribe in

relation to that State B, will that person be entitled to claim

the privileges and benefits admissible to persons belonging to

Scheduled Caste and /or Scheduled Tribe in State B? Holding

that a person belonging to Scheduled Caste /Scheduled Tribe

in relation to his original State of which he is permanent or an 23

ordinarily resident cannot be deemed to be so in relation to

any other State on his migration to that State for the purpose

of employment, education etc. In paragraph Nos.3 and 16 it is

observed and held as under:

“3. On a plain reading of clause (1) of Articles 341 and 342 it is manifest that the power of the President is limited to specifying the castes or tribes which shall, for the purposes of the Constitution, be deemed to be Scheduled Castes or Scheduled Tribes in relation to a State or a Union Territory, as the case may be. Once a notification is issued under clause (1) of Articles 341 and 342 of the Constitution, Parliament can by law include in or exclude from the list of Scheduled Castes or Scheduled Tribes, specified in the notification, any caste or tribe but save for that limited purpose the notification issued under clause (1), shall not be varied by any subsequent notification. What is important to notice is that the castes or tribes have to be specified in relation to a given State or Union Territory. That means a given caste or tribe can be a Scheduled Caste or a Scheduled Tribe in relation to the State or Union Territory for which it is specified. These are the relevant provisions with which we shall be concerned while dealing with the grievance made in this petition.”

“16. We may add that considerations for specifying a particular caste or tribe or class for inclusion in the list of Scheduled Castes/Schedule Tribes or backward classes in a given State would depend on the nature and extent of disadvantages and social hardships suffered by that caste, tribe or 24

class in that State which may be totally non est in another State to which persons belonging thereto may migrate. Coincidentally it may be that a caste or tribe bearing the same nomenclature is specified in two States but the considerations on the basis of which they have been specified may be totally different. So also the degree of disadvantages of various elements which constitute the input for specification may also be totally different. Therefore, merely because a given caste is specified in State A as a Scheduled Caste does not necessarily mean that if there be another caste bearing the same nomenclature in another State the person belonging to the former would be entitled to the rights, privileges and benefits admissible to a member of the Scheduled Caste of the latter State "for the purposes of this Constitution". This is an aspect which has to be kept in mind and which was very much in the minds of the Constitution­makers as is evident from the choice of language of Articles 341 and 342 of the Constitution. That is why in answer to a question by Mr Jaipal Singh, Dr Ambedkar answered as under:

"He asked me another question and it was this. Supposing a member of a Scheduled Tribe living in a tribal area migrates to another part of the territory of India, which is outside both the scheduled area and the tribal area, will he be able to claim from the local Government, within whose jurisdiction he may be residing the same privileges which he would be entitled to when he is residing within the scheduled area or within the tribal area? It is a difficult question for me to answer. If that matter is agitated in quarters where a decision 25

on a matter like this would lie, we would certainly be able to give some answer to the question in the form of some clause in this Constitution. But so far as the present Constitution stands, a member of a Scheduled Tribe going outside the scheduled area or tribal area would certainly not be entitled to carry with him the privileges that he is entitled to when he is residing in a scheduled area or a tribal area. So far as I can see, it will be practicably impossible to enforce the provisions that apply to tribal areas or scheduled areas, in areas other than those which are covered by them.......”

Relying on this statement the Constitution Bench ruled that the petitioner was not entitled to admission to the medical college on the basis that he belonged to a Scheduled Tribe in the State of his origin.”

[8] The decision of this Court in the case of Action

Committee on Issue of Caste Certificate to Scheduled

Castes and Scheduled Tribes in the State of Maharashtra

and Another (supra) shall be applicable with full force to the

facts of the present case also. The submission on behalf of the

appellant ­ original defendant that the said decision shall not

be applicable to the facts of the case on hand as in that case

the Court was considering the issue with respect to 26

employment, education and in the present case dispute is with

respect to sale /sale of property has no substance and cannot

be accepted. The reasoning given by this Court in the case of

Action Committee on Issue of Caste Certificate to

Scheduled Castes and Scheduled Tribes in the State of

Maharashtra and Another (supra) are on interpretation and

on a plain reading of Clause I of Articles 341 and 342 of the

Constitution of India, which are referred to hereinabove. We

see no reason to restrict the applicability of the decision of this

Court in the case of Action Committee on Issue of Caste

Certificate to Scheduled Castes and Scheduled Tribes in

the State of Maharashtra and Another (supra) only with

respect to employment, education or the like and not to make

applicable the same with respect to purchase and sale of the

property in case of sale and purchase of the land belonging to

a Scheduled Caste person in the State of Rajasthan and when

the said land was allotted to the original land owner – Chunilal

as Scheduled Caste landless person.

27 [9] At this stage, it is required to be noted that in the

subsequent decision in the case of Ranjana Kumari (supra),

a Three Judge Bench of this Court had an occasion to

consider the same issue. Before this Court the appellant

belonged to Valmiki Caste (Scheduled Caste of the State of

Punjab), who married a person belonging to Valmiki Caste of

Uttarakhand migrated to that State. It was found that in the

State of Uttarakhand also under the Presidential order

‘Valmiki’ was also recognized as notified Scheduled Caste.

Even the State of Uttarakhand also issued a certificate to the

appellant. However, the State of Uttarakhand denied the

benefit, which may be available to the Scheduled Caste

belonging to State of Uttarakhand. Thereafter the appellant

approached the High Court. The High Court rejected the

claim. The decision of the High Court was carried before this

Court. While dismissing the Appeal, it is observed in

paragraph 4 as under:

“4. Two Constitution Bench judgments of this Court in Marri Chandra Shekar Rao Vs. Dean, Seth G.S. Medical College & Ors. and Action 28

Committee on Issue of Caste Certificate to Scheduled Castes & Scheduled Tribes in the State of Maharashtra & Anr. Vs. Union of India & Anr. have taken the view that merely because in the migrant State the same caste is recognized as Scheduled Caste, the migrant cannot be recognized as Scheduled Caste of the migrant State. The issuance of a caste certificate by the State of Uttarakhand, as in the present case, cannot dilute the rigours of the Constitution Bench Judgments in Marri Chandra Shekar Rao (supra) and Action Committee (supra).”

[10] In view of the above, the appellant – original

defendant being a Scheduled Caste belonging to State of

Punjab and being an ordinarily and permanent resident of the

State of Punjab cannot claim the benefit of a Scheduled Caste

in the State of Rajasthan for the purpose of purchase of the

land belonging to a Scheduled Caste person of State of

Rajasthan, which was given to original allottee as Scheduled

Caste landless person, and therefore, as rightly held by the

Division Bench of the High Court, the sale transaction in

favour of the appellant – original defendant was in clear

breach and / or in violation of Section 42 of the Rajasthan

Tenancy Act, 1955.

29 [11] Even otherwise, in the facts and circumstances of

the case, the sale transaction in favour of the appellant ­

original defendant can be said to be in breach of Section 13 of

the Rajasthan Colonization Act, 1954. It is required to be

noted that the Board of Revenue granted the benefit of

provisions of Section 13A of the Rajasthan Colonization Act,

1954 in favour of the appellant ­ original defendant and the

Board permitted the appellant ­ original defendant to pay

compounding fees and regularized the transaction. However,

it is required to be noted that when the Board of Revenue

granted the benefit of compounding under Section 13A(2), an

order of ejection of the appellant ­ original defendant was

already passed against him and Puran Singh, and the

possession was already handed over to the respondent –

original plaintiff from Puran Singh, who was found to be in

actual physical possession of the land on 30.12.1980. Section

13(A)(2) of the Rajasthan Colonization Act, 1954 would be

applicable only in a case where an order of ejectment has been 30

passed, but a person against whom an order of ejectment has

been passed has not actually been ejected from the land

transferred. In that view of the matter, no order of

compounding in favour of the appellant ­ original defendant

and /or even Puran Singh could have been passed by the

Board of Revenue in exercise of power under Section 13(A)(2)

of the Rajasthan Colonization Act, 1954, and therefore, also

the order passed by the Board of Revenue confirmed by the

learned Single Judge permitting compounding was contrary to

Section 13A(2) of the Rajasthan Colonization Act, 1954, and

therefore, also the land transaction in question is hit by

Section 13 of the Rajasthan Colonization Act, 1954.

[12] In view of the above and for the reasons stated

hereinabove, the land transaction in favour of the appellant ­

original defendant was in breach of Section 13 of the

Rajasthan Colonization Act, 1954 and Section 42 of the

Rajasthan Tenancy Act, 1955, which is rightly held to be void

by the Division Bench of the High Court. We are in complete 31

agreement with the view taken by the Division Bench. Under

the circumstances, the present Appeal fails and the same

deserves to be dismissed and is accordingly dismissed.

However, in the facts and circumstances of the case, there

shall be no order as to costs.

…………………………………J. (M. R. SHAH)

…………………………………J. (A.S. BOPANNA)

New Delhi, January 5, 2022.