DEEP versus STATE OF RAJASTHAN AND ORS.

DEEP versus STATE OF RAJASTHAN AND ORS.

The respondent, having accepted the appellant as tenant during earlier eviction proceedings, cannot now take a different stand. Since the appellant was recorded as cultivator (tenant) in the Khasra Girdawari by the relevant date, the land cannot be considered as khudkasht of the jagirdar and thus the appellant must be declared as the khatedar tenant; the contrary view taken by revenue authorities and High Court is incorrect.

Parties
Appellant: Deepa; Respondents: State of Rajasthan and Ors.
Jurisdiction
India
Judgment Date
15 December 1995
Procedural Posture
Civil Appeal / Supreme Court Final Appeal Under Article 136
Outcome
Appeal allowed with costs; appellant declared Khatedar tenant of the land in question.
Legal Topics
Rajasthan Tenancy Act, 1955, Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, Khatedar Tenant Rights, Res Judicata
Tenancy Law Land Law Rajasthan Tenancy Act, 1955 Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 Khatedar Tenant Rights Res Judicata

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Parties

Deepa

Appellant

State of Rajasthan and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Appeal Under Article 136

Legal Issues

  1. 1 Whether the appellant is to be declared as Khatedar tenant of the land in question
  2. 2 Whether respondent's application under section 82 of the Rajasthan Land Revenue Act could override earlier proceedings under the Rajasthan Tenancy Act, 1955
  3. 3 Applicability of res judicata to the proceedings

Ratio Decidendi

The respondent, having accepted the appellant as tenant during earlier eviction proceedings, cannot now take a different stand. Since the appellant was recorded as cultivator (tenant) in the Khasra Girdawari by the relevant date, the land cannot be considered as khudkasht of the jagirdar and thus the appellant must be declared as the khatedar tenant; the contrary view taken by revenue authorities and High Court is incorrect.

Court Disposition

Appeal allowed with costs; appellant declared Khatedar tenant of the land in question.

Orders

  • Appellant Deepa is declared as the Khatedar tenant of the land in question.
  • Revenue records shall not be corrected to show the respondent as Khatedar tenant.