Judgement

ALAGIRISWAMI, J.:- This litigation which began in the year 1937 has come up for consideration before us in this appeal and we are not sure that this is the end. In that year one Dhirendra Nath Banerjee filed a suit for partition and allotment of his 3 annas 3 pies share out of 16 annas in 32 villages and a 4 annas share in another village in the Hazaribagh district of Bihar. A preliminary decree for partition was passed in 1939. Appeals against the preliminary decree were dismissed in 1943 and in 1945 the present appellant (he is now dead and his heir has been added as party) purchased Banerjee s share and he was added as a co-plaintiff in 1947. In 1950 the Bihar Land Reforms Act came into force and all these village vested in the State of Bihar on 8-9-1952 in pursuance of a notification issued under that Act. In consequence the State of Bihar was added as a party some time in 1952. A commissioner was appointed to effect a division of properties and he submitted his report in March 1952. In May, 1952 a compromise was entered into among the various parties in the suit. To this consent order the State of Bihar, in whom the properties had vested, was not a party. A final decr