RAMDAYAL SAHU Vs. HARI SHANKAR LAL SAHU

JUDGEMENT

(1.) This appeal arises out of an objection by the respondents to the attachment and sale of lands comprised in Khata Nos. 69 and 71, within Khewat No. 2/2, in village Armai, police station Gumla in the district of Ranchi.

(2.) Ramdayal Sahu obtained a decree for Rs. 7,000/- against the respondents on the 18th of July, 1940. The decree was put into execution and, in course of it, the judgment-debtor put forward the objection that the two khatas in question were raiyati lands and the decree-holder was debarred from putting these lands to sale under Section 47 of the Chota Nagpur Tenancy Act (Bengal Act 6 of 1908) as amended in 1938 and 1947. No doubt, these lands were originally the bakasht lands of the Judgment-debtor, but after the proprietary interest vested in the State of Bihar under the Land Reforms Act, the Judgment-debtor continued in possession of the lands as raiyati interest in terms of Section 6 of the Land Reforms Act. The executing court acceded to the contention and allowed the Miscellaneous Judicial Case No. 80 of 1958 which arose out of the objection. The decree-holder came up in appeal from the decision of the Special Subordinate Judge, Ranchi, who allowed the objections of the Judgment-debtor, and the appeal was placed before a single judge for disposal. By an order dated the 12th, May, 1960, the learned single Judge directed the appeal to be placed before a Division Bench, and the Division Bench by order dated the 20th. November, 1964, directed that the case should be placed before a larger bench. Accordingly, the matter has been placed before us to pronounce upon the validity of Ss. 46 (1) (c) and 47 of the Chotanagpur Tenancy Act, hereinafter called the Act. The questions formulated to be answered and as recast stand thus:

(3.) Mr. L. K. Choudhary appears in support of the appeal and the respondents were not represented either before the single Judge or before the Division Bench. Accordingly, notice was issued to the Advocate General to put in appearance and place before the Court the other point of view on account of the importance of the question involved in it and as it affects the matter of legislative policy in regard to raiyati lands in the district of Ranchi.