LAWS(PAT)-1954-6-2

STATE OF BIHAR Vs. RANI SONABATI KUMARI

Decided On June 30, 1954
STATE OF BIHAR Appellant
V/S
RANI SONABATI KUMARI Respondents

JUDGEMENT

(1.) THIS is an appeal by the defendant State of Bihar under Order 43, Rule 1, Civil P. C. against an order made on 31-7-1052, in title suit No. 40 of 1950 holding that

(2.) THE title suit was instituted on 20-11-1950, by the sole plaintiff Rani Sonabati Kumari against the sole defendant State of Bihar for a declaration that the Bihar Land Reforms Act (Bihar Act 30 of 1950) was ultra vires of the Bihar Legislature and was illegal, void, unconstitutional and inoperative and that the defendant had no right to issue any notification under the said Act ox to take possession or otherwise meddle or interfere with the management of the estate in suit. It was further prayed therein that a permanent injunction be issued restraining the defendant, its officers, servants, employees and agents from issuing any notification under the provisions of the said Bihar Land Reforms Act (Bihar Act 30 of 1950) in respect of the plaintiff's estate and also from taking possession of the said estate and from meddling or interfering in any way with the management thereof.

(3.) RELYING on that judgment the State of Bihar on 17-5-1952 filed an application in the title suit giving rise to this appeal for vacating the order of injunction on the ground that the Land Reforms Act with the exception of its Sections 4(b) and 23(f) was held intra vires by the Supreme Court and therefore there was no substance left in the suit instituted by the plaintiff. This application was heard on 30-5-1952, and the Court on hearing the parties reserved the order till 2-6-52.