Judgment

HEGDE, J.: In this case a Full Bench of the Patna High Court differing from the view taken in a series of earlier decisions of that High Court as well as the High Court of Calcutta held that the provisions of Bihar Tenancy Act (to be briefly referred to hereinafter as the Act) do not apply to a lease of a homestead though that homestead was a part of an earlier lease which was admittedly an agricultural lease and to which the provisions of the Act applied. The appellant challenges the correctness of that decision.

2. The relevant facts as found by the fact finding courts are:- One Chakrapani Singh was the lessee of a plot which consisted of agricultural lands as well as a homestead. The homestead was later separately leased to defendants 1 and 2 (appellants). Thereafter the plaintiffs purchased the rights of the main lessee and sued the appellants for possession of the homestead. The appellants resisted the suit mainly on the ground that it had not been brought in accordance with the provisions or the Act and hence not maintainable. The contention of the plaintiffs is that the lease is invalid as it did not conform to the provisions of Section 117 of the Transfer of Propert