Judgment

AYYANGAR, J. :

The proper construction of the vesting sections of the Bihar Land Reforms Act, 1950 (hereinafter called the Act), and in particular the scope of S. 6 thereof is the principal point that arises in this appeal which is before us on a certificate of fitness granted under Art. 133 (1) by the High Court of Patna.

2. The plaintiffs are the appellants before us. The subject matter of the suit is a piece of land of about 14 bighas and 5 kathas in khata No. 741 in mauza Chaugain. The relief claimed in the suit was a declaration that the land referred to was the zeraity land of the plaintiffs and that the persons who were impleaded as the defendants 1st and 2nd parties had no right or title thereto and for recovery of possession of the said land by dispossessing the defendants who were in actual possession thereof. There was also a claim to a decree for mesne profits for three years before the suit and for an enquiry into future profits under O. XX R. 12 C.P. Code. We shall now state a few fascts which are necessary to understand the contentions which have been urged in this appeal. The material allegations, in the plaint were these : The plaintiffs ancestors had execu