BAIJ NATH KEDIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The facts of these two cases and the points involved in them are similar and identical. They have been heard together and are being disposed of by a common judgment. I shall state the point urged with reference to the facts of C. W. J. C. 1036 of 1965 and after disposing them of shall refer to the facts of the other case, viz., C.W.J.C. 686 of 1965.

(2.) The petitioner's case is that Shri Jyoti Prakash Pandey obtained a right of quarrying and getting stone ballasts, boulders and chips from and upon block nos. 32. 45/1, 45/2 and 45/3 having a total area of 12 bighas 2 Kathas 10 dhurs in tauzi No. 1452 khata No. 1 situated in Mauza Malpahari No. 89 in the subdivision of Pakur, district Santhal Parganas, from Shrimati Anila Debi for self and as legatee under a Will of late Baidyanath Pandey and Babu Bijan Kumar Pandey, that is to say from the ex-landlords, for a period of thirty years commencing from the 1st November 1954, and ending on the 31st October, 1984 under a registered lease dated 23-3-55, a copy whereof is annexed and marked annexure A to the writ application. After the vesting of the estate in the State of Bihar, the State became the lessor for the remainder of the term of the lease under Section 10(1) of the Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950), and the above lease was recognised by the Deputy Commissioner of Santhal Parganas as evidenced by letter No. 177/Mines dated the 2nd February, 1963, a copy whereof is annexure B. The said letter reads thus:--

(3.) The petitioner's case further is that Shri Jyoti Prakash Pandey, who was carrying on the business of quarrying and getting stone ballasts, etc., from the demised premises under the name and style of 'Stone India', sold the properties of, and his right, title and interest in, the said Concern with its goodwill to the petitioner by a registered sale deed dated the 9th September, 1963. The petitioner deposited the rent regularly after the transfer of the property to him by Shri Jyoti Prakash Pandey. He has deposited rent upto the 8th of September, 1965. But, in the meantime, a letter was written to the petitioner on the 10th of December, 1964, a copy of which is annexure C, stating therein-