GANESH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) "It is a canon of statutory interpretation founded on happy experience, that Parliament is presumed to intend justice and to avoid injustice." So said Lord Simon in Rugby Joint Water Board v. Foottit (1972-1 All ER 1057 at p. 1069) reiterating a rule which has been fully recognised, and appropriately applied, in interpreting provisions of Statute. The instant case is also one of those cases where in order to get at the legislative intent this rule of interpretation has to be invoked. But first the facts,

(2.) A proceeding under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act was started against Brajdeo Narain Singh (who died during the pendency of the revision application before the Board and was substituted by his heirs). An objection was filed to the draft statement which was served on the said Brajdeo Narain Singh. The objection was heard and disposed of under Anne-xure 3. An appeal was filed which has been disposed of under Annexure 2, Thereafter a revision filed before the Board of Revenue, has been disposed of under Annexure 1 by the Additional Member Board of Revenue. The petitioners challenge all these Annexures and pray that they be quashed.

(3.) The objections with which we are concerned in this case relates to classification, of the lands, exclusion of property gifted by the aforesaid Brajdeo Narain Singh to his daughter by a registered deed of gift dated 7-3-1963, and that the petitioners were entitled to additional land permitted to be held under Section 5 (3) (i) of the Act. We shall deal with each of these objections separately.