N.L.Untwalia, J.

1. In these three cases is involved a common and important question of law in regard to constitutional validity and scope of Sec. 109 of the Bihar Tenancy Act, 1885 (Bihar Act VIII of 1885), as it stands after the Bihar Tenancy (Amendment) Act, 1970 (Act 6 of 1970), enacted by the President of India in exercise of the powers conferred by Sec.3 of the State Legislature (Delegation of Powers) Act, 1969 (Act 32 of 1969).

2. C.W.J.C. 1438 of 1970 and Civil Revision No. 847 of 1970 are between the same parties and the plaintiffs have filed by way of abundant precaution both the writ application and the civil revision to challenge the same order dated the 12th May, 1970, passed by the Court below in Title Suit No, 48 of 1969. C.W.J.C. 2080 of 1970 has been filed by the plaintiffs of Title Suit No. 175 of 1970 to challenge the order dated the 4th December, 1970 passed by the Court below in that suit.

3. Mr. Kailash Roy has advanced the main argument on behalf of the petitioners in all the cases and the learned Advocate-General appeared for the State to oppose the applications and his argument was adopted by learned counsel for other respondents.

4. Facts are not n