Judgment

S. K. DAS, J. : These two appeals on a certificate granted by the High Court of Patna are from the judgment and decree of the said High Court dated December 10, 1954. By the said judgment and decree the High Court dismissed two appeals which arose out of two suits, Title Suit No. 42 of 1950 and Title Suit No. 23 of 1952, which were tried together and dismissed with costs by the learned Subordinate Judge of Deoghar.

2. The plaintiffs of those two suits are the appellants before us. One of the appellants Thakur Manmohan Deo was the holder of a ghatwali tenure commonly known as the Rohini ghatwali, situate within the subdivision of Deoghar in the district of the Santal Parganas. The other appellant Tikaitni Faldani Kumari was the holder of the Pathrole ghatwali also situate in the same sub-division. Both these ghatwali tenures were formerly known as Birbhum ghatwalis and were governed by Bengal Regulation XXIX of 1814. In the year 1950 was enacted the Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950), hereinafter called the Act. The Act came into force on September 25, 1950. The validity of the Act was challenged in the Patna High Court on grounds of a violation of certain fu