The Supreme court said that the state of which the person is a resident can not be considered as a person of the SC/ST community on migration to any other state. A bench of Justice M.R. Shah and Justice A.S.Bopanna said, section 42 of the Rajasthan Tenancy Act-1955 prohibits sale, will or gift by a member of a Schedule Caste in favour of that person,who does not belong to that community.As per the case the buyer of the land was a Schedule Caste person and generally lived in Punjab. the plaintiff had demanded that the sale deed be treated as a violation of section 13 of the Rajasthan colonization Act-1954 and section 42 of the Rajasthan Tenancy Act-1955. The decision was given by the Rajasthan High court,A person can not claim the benefit of being a Schedule Caste in Rajasthan for purchasing land belonging to a Schedule Caste person residing in Rajasthan.this decision was challenged in the Supreme court. the Supreme court said that the purpose of section 42 is to protect the Schedule Caste persons who belong to the same state.According to the court a Schedule Caste person belonging to Punjab can not claim the benefit of being a Schedule Caste in Rajasthan to purchase land in Rajasthan given to a landless Schedule Caste person. The Supreme court held that the land sale transaction in favour of the respondent was violative of section 13 of the Rajasthan colonization Act and section 42 of the Rajasthan Tenancy Act.
