B.P.JAMUAR, REUBEN
Babu Rameshwar Prasad Singh – Appellant
Versus
Md. Ayyub – Respondent
Reuben, J.
1. This judgment will govern M. a. Nos. 8 and 9 of 1950, both directed against orders of the Subordinate Judge, 2nd Court, Gaya, refusing temporary injunctions in two suits pending in his Court. The appfiala were heard separately but as they covet the same ground and there was necessarily a considerable amount of overlapping in the arguments it will be convenient to deal with them in one judgment.
2. In Title suit No. 1 of 1950 out of which M. A. 8 arises the plaintiffs-appellants are the proprietors of the Sambey Estate in respect of which Estate a notification under Sec.3, Sub-section (i), Bihar State Management of Estate and Tenures Act, 1949 was issued by the Governor of Bihar on 24th November 1949 and was published in the Bihar Gazette on 10th December 1949, designating the defendant Mr. Ayyub, Additional Collector, as the Manager under the Act. Under the provisions of this Act, the Estate was due to come under the management of the Provincial Government on the expiry of one month from the publication of the notice, that is to say, on 11th January 1950, and thereupon Mr. Ayyub as Manager would have been entitled to enter into possession of the Estate and to
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