MONI DEI Vs. HADIBANDHU PATRA

JUDGEMENT

(1.) This case comes before us on a reference by a Division Bench. The question referred to us for our opinion is formulated as follows :

(2.) The decision in Radhi Bewa's case (A), has not been followed either in this Court or in any other Court since its pronouncement and its importance, as a precedent, has been considerably affected by the later decisions of this Court. It would appear, therefore, that decision has been ploughing a lonely furrow with its wings clipped and has proved a fertile source of speculative litigation giving rise to a progeny of debatable problems. It has stood so long more as a warning to be guarded against, than as an authority to be respected. It has, therefore, become necessary for the Division Bench to refer the question, as formulated above, to the Full Bench so that the conflict of opinion may be resolved finally.

(3.) The determination of the question whether the majority decision in Radhi Bewa's case (A), is correct would depend upon the true construction of Section 4. For a clear understanding of the position, I may quote Sections 2 to 5 :