Judgement

IMAM, J. : The petitioners have filed this application under Art. 32 of the Constitution claiming that the buildings and lands as set out in the Schedule annexed to the petition and marked "A" (hereinafter referred to as the disputed properties) did not vest in the State of Bihar under the provisions of the Bihar Land Reforms Act, 1950 (hereinafter referred to as the Act). Petitioner No. 1 in his individual capacity was at one time the owner of the disputed properties which lie within Touzi No. 28 of the Collectrate of Hazaribagh. On 29-12-1947 petitioner No. 1 as owner leased out the disputed properties to a Company known as Mineral Development Ltd., (hereinafter referred to as the company). The Company book possession of the disputed properties and has been paying rent.

On 7-4-1949 petitioner No. 1 in his individual capacity executed a deed of settlement whereby he transferred the disputed properties to three trustees, namely, himself and petitioners 2 and 3. The Company has been paying rent to the trustees since then. The Act came into force on 25-9-1950. On 3-11-1951 the State Government issued a notification under S. 3(1) of the Act declaring that the estate of petitio