AIR 2013 SUPREME COURT 581 ::2012 AIR SCW 5194 ::2013 (118) Rev Dec 751 ::2012 (2) WLC(SC)CVL 670 ::(2012) 2 CLR 1024 (SC) ::2012 (10) SCC 283 ::(2012) 9 Scale 138 ::AIR 2012 SC (Civil) 2877 ::2013 (97) All LR 42 SOC ::(2013) 97 All LR 42 ::2013 (1) Cal HN 58 ::2012 (4) ICC 563 ::(2012) 7 Mad LJ 747 ::2012 (2) RentLR 401 ::(2012) 120 AllIndCas 3 (SC) ::2012 (120) AllIndCas 3 SOC

Supreme Court Of India

Hon'ble Judge(s): K. S. Panicker Radhakrishnan, Dipak Misra , JJ

Rajasthan Tenancy Act (3 of 1955) , S.42— roperty of S. C. /S. T. - Restriction on transfer to person who is not SC/ST - Applies even to juristic person - Word 'person' in S. 42 read in context of Arts. 341, 342 - Only means natural person and not juristic person. 2004 (5) WLC (Raj) 705, Overruled. The restriction on transfer of property of SC/ST to person who is not SC/ST provided in S. 42(6) applies even to transfer made to juristic person, Expression 'Scheduled Castes' and "Scheduled Tribes", in Section 42(b) of the Act have to be read along with the constitutional provisions and, if so read, the expression who is not a member of the Scheduled Caste or Scheduled Tribe would mean a person other than those who have been included in the public notification as per Articles 341 and 342 of the Constitution. The expression 'person' used in Section 42(b) of the Act therefore can only be a natural person and not a juristic person. If the view that word 'person' includes juristic person and as juristic person has no caste sale to juristic person is not hit by S. 42 is accepted the entire purpose of Section 42 will be defeated.