BRIGHU NATH SAHAY SINGH Vs. MOHAMMAD KHALILUR RAHMAN

JUDGEMENT

(1.) Substitution allowed.

(2.) Leave granted.

(3.) This appeal by special leave arises from the judgment and decree dated 7/11/1983 of the Patna High court made in AAD No. 132 of 1973. The appellants claimed themselves to be the proprietors of the land of 4 bighas, 15 kathas and 10 dhurs of an old Tauzi No. 1298 (New Tauzi No. 8655 situate in Saraunja Village in District Begusarai in Bihar. Their plea was that they had title to and were in possession of the said land and that the respondents have no right to the possession of the said land. The trial court decreed the suit for possession holding that they had the title. On appeal, it was confirmed but in the second appeal, the High court reversed the same holding that after the Bihar Land Reforms Act, 1950 (for short "the Act") had come into force on 25/9/1950, the appellants had no title to the property and, consequently, they cannot recover possession from the respondents. Thus, this appeal by special leave.