State Of Rajasthan And Others vs Devendra Kumar And Others

Rekha Borana, J

In the present appeal, two defects have been pointed out by the office, one of them being valuation of the appeal not having been mentioned.

Learned counsel Ms. Akshiti Singhvi for Mr. Sandeep Shah, Additional Advocate General, appearing for the appellants-State submits that the present appeal has been filed by the State and the State is not required to deposit the Court fee as the same is exempted. Therefore, non-mentioning of the valuation of the appeal would not be of much consequence and therefore, the said defect be overruled.

In view of the submissions made, defect of the valuation of appeal not being mentioned is overruled.

This first appeal has been preferred by the State of Rajasthan against the judgment and decree dated 01.02.2019, whereby the suit filed by the appellants-plaintiffs for cancellation of the sale deed in question has been dismissed.

Learned counsel for the appellants submitted 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 issued by the Central Government in terms of Section 3(1) of the Criminal Procedure (Amendment) Act, 1961. The sale of land of that area to any non-resident of the area is not permissible without permission of the State Government. The sale deed in question is hence, illegal and contrary to law.

In other identical first appeals, notices of the application under Section 5 of the Limitation Act as also of the appeal have been issued and interim orders have been passed.

In view of the above, Issue notice of the application under Section 5 of the Limitation Act. Issue notice of first appeal as well as stay application to the respondents. Rule be made returnable within six weeks.

Call for the record.

In the meanwhile and until further orders, status quo, as it exists today, shall be maintained by both the parties qua the property under the sale deed in question.