1. Miscellaneous Petition No. 147 of 1955 was filed before a Division Bench consisting of Chief Justice Hidayatullah and Mr. Justice Mangalmurti for an order to quash an order-passed by the Civil Court dismissing the suit filed by the petitioner, and the Bench referred two questions to a Full Bench

(1) Whether Section 242 of the Madhya Pradesh Land Revenue Code, 1954, is ultra vires the Constitution for the reason that it creates discrimination between person whose suits were filed before 25-3-1951 and those whose suite were filed alter that date and

(2) whether the third sub-section of the impugned section involves exercise of judicial power and not legislative power?

The facts on which this petition was based are briefly these. On the 15-3-1053 the respondent purchased survey Nos. 103/1 and 105/1. The petitioner was a co-occupant of survey No. 103/2 and 105/2 and he filed a suit on 15-6-1954 under Chapter XIV of the Kerar Land Revenue Code claiming his right of pre-emption in respect of the two survey numbers sold to the respondent. This is the suit which was dismissed by the trial Court on the ground that by reason of the provisions of Act II of 1955 the suit of the pe