Rajasthan High Court - Jodhpur
The State Of Rajasthan vs Girdhari Singh on 15 March, 2022
Author: Rameshwar Vyas
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S. B. Civil First Appeal No. 420/2022
1. The State of Rajasthan through Secretary, Finance
Department, Government of Rajasthan, Jaipur.
2. Inspector General, Registration and Stamps Department,
Government of Rajasthan, Ajmer (Raj.)
3. Sub-Registrar, Registration and Stamps Department,
Jaisalmer.
----Appellants
Versus
1. Girdahri Singh S/o Shri Fateh Singh by Caste Rajput, R/o
Village Janewa Tehsil Jayal, District Nagaur.
2. Banne Singh S/o Shri Deep Singh by Caste Rajput, R/o
Jhinjhaniyali, District Jaisalmer.
----Respondents
For Appellant(s) : Mr. Sandeep Shah, Sr. Advocate -
A.A.G. assisted by Ms. Pratyushi
Mehta
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order 15/03/2022 This first appeal has been preferred by state of Rajasthan against the judgment and decree dated 20.12.2018, whereby the civil suit filed for cancellation of sale deed in question has been dismissed.
Learned Senior counsel for the appellants submits that the land under the sale deed is situated nearby the border area. The sale deed in question has been executed in contravention of the notification dated 12.03.1996 notified by the Central Government under Section 3(1) of the Criminal Procedure (Amendment) Act, 1961. The sale of land of that area is not permissible to any non-resident of that area, without permission of the State (Downloaded on 16/03/2022 at 08:39:24 PM) (2 of 2) [CFA-420/2021] Government. The sale deed in question is illegal and contrary to the law.
In other identical first appeals also, this Court has issued notices on the application under Section 5 of the Limitation Act as also of the appeal and passed the interim orders.
In view of the above, issue notices of the application under Section 5 of the Limitation Act as also of first appeal to the respondents. Rule is made returnable within six weeks.
Record of the trial court be called for. In the meanwhile and till further orders, status quo, as it exists today, shall be maintained by both the parties in relation to properties under the sale deed in question.
List along with S.B. Civil First Appeal Nos. 278/2021 & 160/2021 and other connected appeals.
Learned counsel for the appellants is also directed to remove the defects.
(RAMESHWAR VYAS),J 121-Sahil/Inder/-
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