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Section 42 of the Act of 1955 provides that the sale, gift or bequest by a khatedari tenant shall be void, if such sale, gift or bequest is by a member of Scheduled Caste in favour of a person who is not a member of Scheduled Caste, or by a member of Scheduled Tribe in favour of a person who is not a member of Scheduled Tribe. Meaning thereby, a member of Scheduled Caste may transfer his interest in whole or a part of his holding only to the member of the Scheduled Caste and a member of Scheduled Tribe, may to a member of the Schedule Tribe only. The emphasis of Section 42 is to maintain rights of a member of Scheduled Caste/ Scheduled Tribe in their own category. The transferee should be a member of Scheduled Caste, if the transferor is from Scheduled Caste, and same will be the position in the case of Scheduled Tribe also. As a matter of fact Section 42 does not permit transfer of interest in a land holding by a member of Scheduled Caste/Scheduled Tribe even to a person who is not having any caste. The reasoning given by Division Bench in State of Rajasthan v. Indian Oil Corporation Ltd. (supra), therefore, is not in consonance with the provisions of Section 42.

Learned counsel relied upon Section 42 of the Rajasthan Tenancy Act, 1955 by which the sale gift or bequest by a Khatedar tenant of his interest whole or part of his holding shall be void if such sale, gift or bequest is by a member of Scheduled Caste in favour of a person who is not a member of the Scheduled Caste or by a member of Scheduled Tribe in favour of a person who is not a member of the Scheduled Tribe.
In the matter at hand, no such sale was conducted by the Khatedar tenant himself but he took some loan from the respondent No.3 which he could not pay. Consequently his land was put to for open auction by the Bank. In such an open auction anybody could have participated and the highest bider was entitled to get the land. The object under Section 42 wasw to put an embargo by sale of Khatedar tenant of Scheduled Caste/Scheduled Tribe in favour of a person who is not a member of Scheduled Caste/Scheduled Tribe. No such embargo has been put with regard to open auction.

In my opinion, the transferability of khatedar's interest under Section 41 of the Rajasthan Tenancy Act contained in Chapter IV of the said Act was made subject to the condition specified in section 42 and 43 of the said Act and Section 42 of the Act provides for general restrictions on sale, gift and bequest by a khatedar tenant of his interest in the whole or part of his holding and it is prescribed that such sale, gift or bequest shall be void if such sale, gift or bequest is by a member of Scheduled Caste in favour of a person who is not a member of Scheduled Caste, or by a member of a Scheduled Tribe in favour of a person who is not a member of the Scheduled Tribe.