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1959 Supreme(Cal) 173

K.C.DAS GUPTA, S.C.LAHIRI, H.K.BOSE
MAHARAJA PROBIRENDRA MOHUN TAGORE – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates Appeared:
S.BANERJEE

LAHIRI, J.

( 1 ) THIS suit has been placed before the Special Bench under a report of P. B. Mukharji J. under Chapter V, Rules 2 and 3 of the Original Side Rules as it involves many important questions of far reaching consequence.

( 2 ) THE plaintiff Maharaja Probirendra Mohan Tagore asks for a declaration that his right, title and interest in the settled estate created under a deed of family settlement dated November 18, 1904 under the Bengal Settled Estates Act, 1904 (Bengal Act III of 1904), have not been affected by notification No. 310 L. R. /zam dated the 30th October, 1952, issued by the Revenue Department of the Government of Bihar under Sub-section (1) of Section 3 of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950) and for a further declaration that the said notification is invalid and inoperative and does not bind the plaintiff and for certain other incidental relicts.

( 3 ) THE plaintiff's case as made in the plaint is that on the 18th November, 1906, his paternal grandfather Sir Jotindra Mohun Tagore executed a deed of family settlement in respect of immovable properties situate within and outside the jurisdiction of this Court; that by this deed of family s
















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