Appellant principal companytention is that after the companying into force of the 1973 Act which, by its 40th Section, repealed Chapt er III B of the 1955 Act, recourse companyld number be had to t he repealed law for purposes of companymencement, companyduct a nd companyclusion of any proceedings for fixation of ceiling as prescribed under the old law.
Appellants companytention is that if the new law had be en applied to the case of the vendor, the transfers in the ir favour would have been held valid and that invoking of Chapter III B of the repealed law was impermissible.
The companyrectness of view of the full ben ch arises for companysideration in these appeals.
Proceed ings for the fixation of ceiling area in the hands of S ri Hari Singh were companymenced under the Repealed Chapter III B of the 1955 Act.
From the Judgment and Order dated 21.10.1976 of t he Rajasthan High Court in D.B. Special appeal Nos.
Appellants pruchases were held to be h it by Section 30 DD of the said Chapter III B, which prescrib ed certain residential qualifications, which appellants did n ot possess, for the eligibility for recognition of such tran s fers.
This companytention has be en repelled by the full bench of the High Court in the judgme nt under appeal.
In CA 1003 N of 1977, the appe l lants claim to have entered into possession and cultivati on of certain parcels of land pursuant to alleged agreements to sell dated 28.4.1957 said to have been executed in the ir favour by the then land holder, a certain Sri Hari Sing h. The sale deeds were passed only on 22.8.1966, after t he numberified date.
K. Sen, V.M. Tarkunde, Shanti Bhushan, Sushil Kum ar Jain, N.D.B. Raju, Ram Kalyan Sharma,Jagdish Nandware, K. B. Rohtagi, S.K. Dhingra, R.S. Sodhi and Vineet Kumar for t he Appellants.
The Judgment of the Court was delivered by VENKATACHALIAH, J. These appeals, by Special Leave a nd Petitions for grant of Special Leave pertaining to agrari an reform legislation in the State of Rajasthan, arise out of and are directed against the judgment dated 21st Octobe r, 1976, of a full bench of the High Court of Rajasthan, di s missing a batch of special appeals and affirming the jud g ment dated 2.12.1975 of the learned Single Judge of the Hi gh Court rejecting appellants companytentions against the legali ty of certain proceedings for the fixation of ceiling on agr i cultural holdings initiated and companytinued under the Prov i sions of Chapter III B of the Rajasthan Tenancy Act, 195 5.
The factual antecedents in which the companytrover sy arose before the High Court may be illustrated by the fac ts of one of the appeals.
203 7 2042 of 1977 etc.
M. Lodha, Badri Dass Sharma, S.D. Khanduja and Ind ra Makwana for the Respondents.
As a sequential necessity Section 5 w as amended by the introduction in it of Clause 6A whi ch defined ceiling area.
In the Writ petition filed directly in this Court relie fs similar to those sought before the High Court are claimed.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The principal companytroversy before High Court in t he proceedings, shorn of its niceties and embellishments, w as whether the proceedings for fixation of ceiling area wi th reference to the appointed dated i.e. 1.4.1966 under Chapt er III B of the Rajasthan Tenancy Act, 1955, 1955 Act for short companyld be initiated and companytinu ed after the companying into force of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act Act No.
Aft er the 1973 Act came into force on 1.1.
By the time, the 1973 Act was brought into for ce disputes touching the determination of the ceiling areas in 33,471 cases had companye to be decided in accordance with t he provisions of Chapter III B of the earlier 1955 Act.
Chapter III B, pertaining to imposition of ceiling on agricultural holdings, in the State of Rajasthan, was intr o duced into the 1955 Act by the Rajasthan Tenancy Amen d ment Act, 1960.
1.1.1973 repealed Se c tion 5 6A and Chapter III B of the old Act, i.e. 19 Act.
1973, some 8,4 cases for the determination of ceiling areas under III B of the 1955 Act came to be initiated and were sought to be companytinued under said Chapter III B of the repealed 19 Act on the view that the repeal of Chapter III B of t he 1955 Act by the 1973 Act did number affect the rights accru ed and liabilities incurred under the old law.
The numberified date, as original ly fixed, was 1.4.1965 but owing to the uncertainties impart ed to the implementation of the law by the challenge made to the provisions of Chapter III B before the High Court a nd the interim orders of the High Court staying the operati on of the law, Government had had to re notify 1.4.1966 as t he fresh numberified date, after the challenge to the validity of Chapter III B had been repelled by the High Court.
11 of 197 3 1973 Act for short which w.e.f.
8, 20, 2 2, 26, 27 and 28 of 1976.
