SUBODH GOPAL BOSE Vs. BEHARI LAL DOLUI

JUDGEMENT

(1.) The question raised in this reference is as to whether Section 7, West Bengal Act VII [7] of 1950 or any part of it, is ultra vires the Const. Ind.

(2.) The appeal was pending in the Court of the Addl. Dist. J. of 24-Parganas when on an appln. made by the pltf who is the resp. in the appeal, we, under Article 228, Const. Ind. transferred the appeal to this Court for decision of the constitutional point involved in it.

(3.) The facts, in so far as they are material to this judgment, are as follows: The petnr. purchased the entire Touzi being No. 341 of the 24 Parganas Collectorate at a revenue sale held on 9-1-1942. After purchase the purchaser annulled the under-tenures & tenancies which he was entitled to avoid & annul Under Section 87, Act XI [11] of 1859, as it stood at the date of the sale (9-1-1942) & at the date of the institution of the suit.