The court established that the impugned legislations, which regulated the relation between landlord and tenant and curtailed some of the landlord's rights to trees, did not amount to compulsory acquisition of property without compensation and did not violate Article 14 of the Constitution by discriminating between landlords.

Imam, J.

1. This is Civil Reference No. 1 of 1951 made by the learned Subordinate Judge of Palamau under Sec.113, Civil P. C.

2. There is Title Suit No. 6 of 1951 pending in the said Court. This title suit was filed by Thakurai Jugeshwar Prasad Singh, Malik Khorposhdar of Chainpur estate, against Bircha Chamar and others, some tenants of village Nimia. The suit was filed for a declaration that the trees standing on the holdings of these tenants are the property of the plaintiff in spite of the provisions of Section 9 of Bihar Act, 25 of 1947 and Bihar Act 11 of 1950. It is alleged on behalf of the Chainpur estate that these legislations are ultra vires and void.

3. The suit was contested by the defendants, and issue No. 1 framed in the suit is as follows:

"Whether Section 9 of Bihar Act 25 of 1947 and the entire Bihar Act 11 of 1950 are ultra vires and void?"

The learned Subordinate Judge is of the opinion that the said legislations are invalid and inoperative, and has made this reference seeking the opinion of this Court whether the said legislations are invalid and inoperative.

4. It is admitted that the trees standing on the holdings of the tenants are recorded in the survey record-of-rights as being in possession of the proprietor. The learned Subordinate Judge took, by way of an illustration, the entries of khatas 1 and 32 in the khatian, Ext. 1. Khata 1 is recorded in the name of the ancestors of Bircha Chamar, defendant 1, and in the remarks column, it is noted as follows:

"Paras 50 timber In possession of the malik and lac in possession of Nand Kumar Ram."

Khata No. 32 belonging to Ramnandan Dusa-dh, defendant 39, is similarly recorded about seven Paras trees. It appears that at the time of the survey the encumbered estate on behalf of the plaintiff was the malik and that Nand Kumar Ram was the maliks thicadar for lac trees standing on the holdings of the tenants. On the basis of the entries referred to, the malik claimed the right to rear lac and the right to the timber of the trees on the holdings of the tenants before the legislations stated above.

5. It would be best, in my opinion, to state what Section 9 of Bihar Act 25 of 1947 is. It is as follows:

"9. After Sec.21 of the said Act, the following section shall be inserted, namely: 21A. Notwithstanding anything contained in Sec.21, when a rayat has a right of occupancy in respect of any land. (a) if the rent of such land is paid in cash, or if such land is a rent-free holding or a part of such holding, the rayat may - (i) plant trees and bamboos on such land and cut, cut down and appropriate the same,

(ii) cut, cut down and appropriate any trees or bamboos standing on such land,

(iii) appropriate the flowers, fruits and other products of any trees or bamboos standing on such land,

(iv) rear lac and cocoons on trees standing on such land and appropriate the same: Provided that if there is a specific entry in the record-of-rights in respect of any tree or bamboo which was standing on any such land on the date of the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1947, the right of the rayat in such tree or bamboo specified in Sub-clauses (ii),

(iii) and (iv) shall be exercised in accordance with, and subject to, any such entry."

As a result of this legislation, the tenants were given the right to cut down and appropriate trees and bamboos standing on their holdings as well as to rear lac and cocoons on such trees and to appropriate them. They were also given the right to plant trees and bamboos and appropriate the flowers, fruits and other products. As a result of the proviso, the rights of the proprietors to timber and lac of the existing trees on the tenants holdings were secured for the landlords if these rights were entered in the survey record-of-rights.

6. After this, another Act was passes, namely, Act 11 of 1950, and the proviso in the said section, namely, 21A, was amended and the following proviso was substituted in its place:

"Provided