( 1 ) THIS is a Reference under Rule 1 (ii) of Chapter II of the Appellate Side Rules of a question of law arising out of the repeal of the West Bengal Bargadars Act, 1950. The facts which led up to the Reference are as follows:

( 2 ) ON 2-6-1955, the petitioners made an application to the Bhagchas Board of Thana Mahisadal by which they prayed for an order on the opposite party for the delivery of their usual share of barga crops for the years 1360 and 1361 B. S. which was said to be in arrear. The case of the petitioners was that the opposite party was a bargadar under them in respect of a particular plot of land but had failed and neglected to deliver the share of the paddy due to them. They alleged further that the opposite party had converted a part of the land into a betel leaf plantation in violation of the terms of the barga settlement and that he had also excavated a doba without any right or authority to do so. The petitioners did not ask for any relief for those transgressions but stated that they would bring a regular suit for recovery of possession in due course. Before the Bhagchas Board they claimed only their share of the barga crops.

( 3 ) THE