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1950 Supreme(Pat) 22

REUBEN, B.P.JAMUAR
Province Of Bihar – Appellant
Versus
Kamakshya Narain Singh – Respondent


Judgment

Reuben, J.

1. This is an appeal by the defendant, the Province of Bihar against an order of temporary injunction passed by the Subordinate Judge, Hazaribagh, in Title Suit No. 39 of 1949, which was then pending in his Court, restraining the defendant from taking over management of the estate of the plaintiff until the disposal of the suit.

2. The plaintiff-respondent is the sole proprietor of a considerable property in the district of Hazaribagh known as the Ramgarh Ettate. He has brought this suit to obtain a declaration that certain statutes passed by the Provincial legislature for the abolition of zamindaris and, pending this consummation, directed at taking over the management of the property of the zamindars is ultra vires. In particular, three pieces of legislation are referred to. Firstly, there is the Bihar Private Forests Act, 1948 (Bihar Act IX [9] of 1948) under which, it is stated, the Government has taken possession of the private forests of the plaintiff. Secondly, there is the Abolition of Zamindaris Act, 1948 (Bihar Act XVIII [18] of 1948) which has not yet been enforced. Thirdly, there is the Bihar State Management of Estates and Tenures Act, 1949 (Bihar Ac
















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