Shiv Kumar Sharma, J. - (1.) Sale, gift or bequest made by a member of Scheduled Caste or Scheduled Tribe in favour of person, who is not a member of Scheduled Caste or Scheduled Tribe is void in view of Sec. 42 of the Rajasthan Tenancy Act, 1955 (for short 'the Act'). Sec. 42 was substituted on May 1, 1964. The question which arises in this appeal is whether Sec. 42 could be made applicable retrospectively to the sale, gift or bequest made prior to May 1, 1964? This question emerges in the circumstances set out below: - - The appellants filed suit under Ss. 88 and 188 of the Act in the court of Assistant Collector, Dudu. The suit was decreed ex -parte on March 31, 1993. On appeal by the respondents, the Revenue Appellate Authority set aside the decree. The appellant preferred second appeal before the Board of Revenue but it was dismissed. Learned Single Judge also dismissed the writ petition on the ground that mutation made in favour of the appellants was void, ab -initio since the land in question belonged to members of SC/ST and it could not have been transferred to person belonging to other class. Hence this appeal.
(2.) It is contended by learned counsel for the appellants that the transfer of land was made in favour of appellants in the year 1958 and provisions contained in Sec. 42 of the Act could not be made applicable with retrospective effect.
(3.) A look at Sec. 42 of the Act goes to show that it was substituted by Sec. 3 of Rajasthan Act No. 12 of 1964 and it was published in Rajasthan Gazette Part IV -A extra ordinary dated May 1, 1964. Sec. 42 reads as under: - - 42. General restriction on sale, gift and bequest: -The sale, gift or bequest by a khatedar tenant of his interest in the whole or part of the holding shall be void if - x x x (b) such sale, gift or bequest is by a member of a Scheduled Caste in favour of a person who is not a member of the Scheduled Caste, or by a member of a Scheduled Tribe in favour of a person who is not a member of the Scheduled Tribe; (bb) such sale, gift or bequest, notwithstanding anything contained in clause (b) is by a member of Saharia Scheduled Tribe in favour of a person who is not a member of the said Saharia Tribe; (c) x x x;