Judgment

KRISHNA IYER, J. :- This appeal, by special leave, turns substantially on the application of Section of the Bihar Land Reforms Act, 1950 (hereinafter called, the Act), to the case situation, the facts having been decided concurrently and finally in favour of the appellant. Still he lost at the stage of the Letters Patent Appeal, because a Division Bench of the High Court held that he had been robbed of his right to sue by Section 6 of the Act.

2. We may set out the relevant facts briefly. Although a number of items of immovable property were involved in the suit, which was for ejectment on title, the lands now in dispute at bakasht lands in the B Schedule to the plaint, for easy reference called suit lands. Regarding the rest the plaintiffs suit has been decreed. Several items of property were gifted by one Ram Badan Singh to his two wives whose names were duly mutated in the revenue register. The further course of the proprietary history takes us to the creation of a wakf and the office of mutawalli which are not relevant to the controversy before us but are interesting when we remember that the donees were Hindus and yet they had executed a wakf and constituted themselves