DAULAT SINGH (D) THR. LRS. Vs. THE STATE OF RAJASTHAN & OTHERS
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Daulat Singh (D) Thr. Lrs.
The State of Rajasthan and Others
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N.V.RAMANA, J. -
(1.)The present appeal arises out of the impugned judgment dated 25.04.2008, passed by the High Court of Judicature for Raj as than at Jodhpur in D.B. Civil Special Appeal No. 264 of 1999 (Writ) wherein the Division Bench of the High Court allowed the appeal preferred by the respondents and upheld the order dated 02.07.1990 passed by the Board of Revenue while setting aside the order dated 02.04.1997 of the Single Judge.
(2.)The facts underlying the appeal are as follows: Daulat Singh (since deceased and now represented through his legal representatives and who shall hereinafter for the sake of convenience be referred to as the appellant) was owner of 254.2 Bighas of land. On 19.12.1963, he gifted away 127.1 Bighas of land to his son, Narpat Singh. After the said transfer, the appellant was left with 17.25 standard acres of land, which was below the prescribed limit under the Ceiling Act.
(3.)Although, a proceeding was initiated under the ceiling law, the same was dropped on 15.04.1972 by the Court of Deputy Sub-Divisional Officer, Pali, Rajasthan. While dropping the proceedings, the Court observed that, the amendment of Section 30DD of the Rajasthan Tenancy Act, 1955 (hereinafter "Tenancy Act of 1955") was effective from 31.12.1969, and since the gift deed was executed before the aforesaid amendment, the aforesaid transfer was valid.
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