STATE OF RAJASTHAN Vs. AMRJEET KAUR

JUDGEMENT

(1.) C.A. Nos. 1520-22 of 1994 :

(2.) The facts, insofar as they are relevant for our purpose, may briefly be noted here.

(3.) It is relevant to note here that Section 2 of the 1973 Act which defines various expressions used therein provides in clause (q) thereof that words and expressions defined in the Rajasthan Tenancy Act, 1955 and in the Rajasthan Land Revenue Act, 1956 shall, wherever used in the 1973 Act, have to be construed to have the meanings assigned to them by the said Acts. Further, the second proviso to sub-section (1) of Section 4 provides that if the ceiling area applicable to any person or family in accordance with that section exceeds the ceiling area applicable to the said person or family according to the provisions of law repealed by Section 40, then in the case the ceiling area applicable to such person or family will be the same as was determined under the provisions of the said repealed Act. The effect of the provisions of the 1973 Act is that where the ceiling area determined under the 1973 Act exceeds the ceiling area determined under the 1955 Act, it will be the lesser area that would be applicable to a person. The 1973 Act places the State in an advantageous position irrespective of the extent of the ceiling area determined under the 1955 Act or the 1973 Act. Even if the area determined under the 1955 Act is more than the area determined under the 1973 Act the State alone will get the advantage.