Judgment

SUBBA RAO, J. : This appeal by certificate raises the question of the construction of S. 4 (h) of the Bihar Land Reforms Act, 1950 (Act 30 of 1950) (hereinafter referred to as the Act), as amended by the Bihar Land Reforms (Amendment) Act, 1959 (Bihar Act l6 of 1959) hereinafter called the Amending Act).

2. The facts giving rise to the appeal lie in a small compass. Plots Nos. 383 and 1033 are tanks in village Lakshmipur alias Tarauni in the District of Darbhanga. The respondent claims to have taken settlement of the said plots in the year 1943 from the landlords of Raghopur Estate of which the said plots formed a part. After the coming into force of the Act, the said Estate vested in the State of Bihar. Thereafter, one Sheonandan Jha and some other villagers of Lakshmipur filed a petition before the Collector alleging that the alleged settlement was not true, and that in fact the settlement was nominally effected only after January 1, 1946. The Additional Collector, Darbhanga, in exercise of the powers conferred on him under S. 4 (h) of the Act, held that the said settlement was actually made after January 1,1946, and that it was only a paper transaction ; having annulled t