Judgment

DAS J. : These three appeals which have been heard together raise the same or similar questions. Appeal No. 167 of 1953 relates to Hemgir of which the appellant Shri Biswambhar Singh is the proprietor. It comprises an area of about 360 square miles out of which square miles are covered by forests. Appeal No. 168 of 1953 is by the appellant Shri Janardhan Singh who is the proprietor of Sarapgrah comprising an area of about 45 square miles. Appeal No. 169 of 1953 relates to Nagra the proprietor whereof is the appellant Shri Sibnarayan Singh Mahapatra. It comprises an area of 545 square miles including 109 square miles of forests.

2. All these proprietors are the decendants of Bhuiyan Chiefs and they claim that their ancestors were independent ruling chiefs of their respective principalities. There is no dispute that in course of time they became subordinate vassals of the Raja of Gangapur. It appears from Connolly s Report Mukherjees Report and Ramdhyani s Report that neither the Raja of Gangpur nor any of these proprietors was anxious to have their respective rights defined specifically and so the settlement officers made no attempt to do so with the result that their status vis-à-vis the Raja of Gangapur remains undertermined. There is no evidence on record that the ancestors of the proprietors of Hemgir and Sarapgarh ever received or accepted any Sanad or grant from the Raja of Gangpur.

There is, however, evidence that the ancestors of the proprietor of Nagra had executed an Ekrarnama in favour of the Raja of Gangpur as to which more will be said hereafter. There is no dispute that the ancestors of each of these proprietors paid every year to the Raja of Gangpur what has been called "Takoli" and the present appellants are continuing this annual payment. This payment has sometimes been called a tribute and sometimes even rent as in the order dated the 9th August 1878 of A. C. Mangles, the Commissioner of Chota Nagpur. These considerable properties are and have been heritable and the rule of primogeniture prevails.

3. By a certain process beginning with Agreement of Integration made in December 1947 and ending with the State s Merger (Governor s province) Order made on the 27th July 1949 by the then Governor-General of India in exercise of the powers conferred on him by section 290-A of the Government of India Act as amended by the Indian Independence Act, 1947 all the feudatory states of Orissa merged into and became part of the State of Orissa, in consequence of such merger the area comprised in Hemgir, Sarapgarh and Nagra as parts of the merged territories became parts of the State of Orissa.

4. On the 17th January 1950 a bill which eventually became the Orissa Estate Abolition Act was introduced in the Orissa Legislature. The Constitution of India came into operation on the 26th January 1950. The bill having been passed by the Orissa Legislature on the 28th September 1951, the Governor of Orissa reserved the same for the consideration of the President. On the 23rd January 1952, the bill reveived the assent of the President and became law as Orissa Act, I 1952. All Act called the Orissa Estates Abolition (Amendment) Act, 1952 was passed on the 5th July 1952 and was assented to by the President on the 27th August 1952.

5. The long title of the Act is as follows :

"An Act to provide for the abolition of all the rights, title and interest in land of intermediaries by whatever name known, including the Mortgagees and lessees of such interests, between the raiyat and the State of Orissa, for vesting in the Said State of the said rights, title and interest and to make provision for other matters connected therewith".

6. There are two preambles to the Act which recite; "Whereas in pursuance of the Directive Principles of State Policy laid down by the Constitution of India it is incumbent of the State to secure economic justice for all and to that end to secure the ownership and control of all material resources of the communit