JANKI LAL & ANR. Vs. THE REVENUE BOARD, RAJASTHAN, AJMER & ORS.

JUDGEMENT

(1.) With the consent of learned counsel for both the parties, this special appeal is heard finally.

(2.) An order passed by the Board of Revenue was challenged by the appellants herein. It was on dismissal of the appeal and thereupon review preferred before the Board of Revenue. The writ petition preferred by the appellants was dismissed finding that at the time of sale of land, seller was member of Schedule Caste, thus sale was hit by Sec. 42(b) of Rajasthan Tenancy Act, 1955 (for short "Act of 1955").

(3.) Learned counsel for the appellants submits that at the time of sale of land in village Kadayanohar, Tehsil Chhabra, the seller was not falling in the category of Schedule Caste as Notification for it was issued subsequent to the sale.