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1967 Supreme(SC) 154

G. K. MITTER, K. N. WANCHOO, V. BHARGAVA
Giriwar Prasad Narain Singh – Appellant
Versus
Dukhu Lal Das (Dead) By His Legal Repre-sentatives – Respondent


Advocates:
B.R.L.Iyengar, B.SEN, D.P.Singh, K.M.NAYAR, S.N.MUKHERJEE, Udaipratap Singh

Judgement

BHARGAVA, J.:- This appeal raises a question of interpretation of the provisions of the Bihar Land Reforms Act, 1950 (No. 30 of 1950) (hereinafter referred to as "the Act") which came into force initially on 11th September, 1950. On 12th March, 1951, the Act was declared void by the High Court at Patna on the ground that its provisions violated Article 14 of the Constitution. On 18th June, 1951, the Constitution First Amendment Act came into force. Thereafter, on 6th November, 1951, a notification was issued under Section 3 (1) of the Act in respect of the property of defendant No. 1 (appellant in this appeal) declaring that the estates of defendant No. 1 had passed to and become vested in the State. The notification was published in the Official Gazette of Bihar on 14th November, 1951. It is disputed whether it was also published in any newspapers at that time. Defendant No. 1, however, continued in possession of the estates. On 12th April, 1952, defendant No. 1 granted a lease to the plaintiff (now represented by respondents 1 to 9 in this appeal) for three years for collection of Bidi leaves in land situated in the estate of defendant No. 1. It is common ground that col



























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