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1954 Supreme(Pat) 80

K.SAHAI, AHMAD
State Of Bihar – Appellant
Versus
Rani Sonabati Kumari – Respondent


Judgment

Ahmad, J.

1. This is an appeal by the defendant State of Bihar under Order 43, Rule 1, Civil P. C. against an order made on 31-7-1052, in title suit No. 40 of 1950 holding that

"the issue of notification in question and its publication on 21-5-52 constitute a direct and deliberate breach of the injunction order passed by this Court and as such the same undoubtedly constitutes a gross contempt of the Court by the defendant"

and then finally directing that for the breach of the order of injunction the property of the defendant State of Bihar should under Order 39, Rule 2(3), Civil P. C. be attached to the value of Rs. 5,000/-.

2. The title suit was instituted on 20-11-1950, by the sole plaintiff Rani Sonabati Kumari against the sole defendant State of Bihar for a declaration that the Bihar Land Reforms Act (Bihar Act 30 of 1950) was ultra vires of the Bihar Legislature and was illegal, void, unconstitutional and inoperative and that the defendant had no right to issue any notification under the said Act ox to take possession or otherwise meddle or interfere with the management of the estate in suit. It was further prayed therein that a permanent injunction be issued restraini





































































































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