BHUBANESHWAR PRASAD NARAIN SINGH Vs. SIDHESWAR MUKHERJEE

JUDGEMENT

(1.) The only question involved in this appeal is, whether the direction of the High Court that the partition suit launched in 1943 should be allowed to proceed in view of the provisions of S. 6 of the Bihar Land Reforms Act, 1950 which came into force on 25th September, 1950,is correct.

(2.) The suit had a chequered career. It was instituted against a number of persons the main relief asked for being partition of four annas Milkiat interest in Touzi No. 702, Tappa Haveli, Pargana Maheshi District Champaran, Bihar. The Subordinate Judge of Motihari made a preliminary decree for partition declaring the first respondent's share in the property as claimed by him. The High Court in appeal modified the decree reducing, the plaintiff's share to Re, 0-1-4 interest only. In further appeal to this Court the trial court's preliminary decree was upheld on 5th October, 1953. In the meanwhile the Bihar Land Reforms Act of 1950 effecting far reaching changes in the incidents of land tenure and land holdings had been passed. The first appellant made an application to the trial court in June 1958 praying that the proceedings for final decree be treated as having abated in view of the vesting of all estates in land in the State of Bihar. This was accepted by the Subordinate Judge by an order dated July 12, 1958. The High Court allowed the appeal with the direction above mentioned which the appellants now seek to have set aside.

(3.) The bone of contention between the parties is the extensive 'bakasht' lands in the aforesaid Mouza. The appellants contend that under S. 6 (1) of the Act all these lands vested in the State and came to be held by the persons in "khas possession" thereof as raiyats under the State. To appreciate the plea it is necessary to make a brief reference to some of the provisions of the Act.