The State Of Rajasthan vs Pappu
2022 Latest Caselaw 4100 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 118/2022

1. The State Of Rajasthan, Secretary, Finance Department, Government Of Rajasthan, Jaipur

2. Inspector General, Registration And Stamps Department, Government Of Rajasthan, Ajmer

3. Sub-Registrar, Registration And Stamps Department, Jaisalmer

----Appellants Versus

1. Pappu W/o Bhimsingh, Gram Lakha, Tehsil And District Jaisalmer

2. Mureed Khan S/o Pangu Khan, Ridwa, Tehsil And District Jaisalmer

----Respondents

For Appellant(s) : Mr. Sandeep Shah, Sr. Advocate -

AAG 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 11.02.2020, 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

(2 of 2) [CFA-118/2022]

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 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

151-Sahil/Inder/-

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