AIR 2000 SUPREME COURT 1216 ::2000 AIR SCW 880 ::(2000) 2 Supreme 660 ::2000 (1) UJ (SC) 597 ::2000 (3) SCC 652 ::(2000) 2 Scale 226 ::2000 (2) All CJ 1539 ::2000 (4) LRI 102 ::2000 (2) Supreme 660 ::2000 (4) SRJ 107 ::(2000) 3 JT 4 (SC)

Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): S. Saghir Ahmad, D. P. Mohapatra , JJ

Rajasthan Zamindari and Biswedari Abolition Act (8 of 1959) , S.5, S.29— "Khatedar tenant" - Who is - Land in dispute recorded as Khudkasht land - Zamindar however, not in possession of such land on date of vesting - Could not be said to be 'Khatedar tenant' of land in dispute. Rajasthan Tenancy Act (3 of 1955) , S.15— A Zamindar who is in possession/occupation of Khudkasht land on the date of vesting of the estate becomes a Khatedar tenant on abolition of the Zamindari right under S. 29 of the Zamindari Abolition Act. Under the said section a Zamindar becomes a Malik of the Khudkasht land in his occupation and as Malik he shall be entitled to all the rights conferred and all the liabilities imposed on a Khatedar tenant by or under the Act. It follows as a corollary that if the Zamindar is not in occupation of the Khudkasht land on the date of vesting he is not entitled to claim Khatedari right in the land. The scheme behind this provision is that if a Zamindar or Biswedar is in actual occupation of cultivable land on the date of abolition of his Zamindari right then he should continue to be in possession of such land. This is in accordance with the object of bringing about agrarian reforms by giving the land to the person in cultivating possession of the land. If the Zamindar is not in occupation of the Khudkasht land on the date of vesting t....