A restriction on the right to hold property is unreasonable if it is not necessary in the interests of the general public.

( 1 ) THE question raised in this reference is as to whether Section 7, West Bengal Act VII [7] of 1950 or any part of it, is ultra vires the Const. Ind.

( 2 ) THE appeal was pending in the Court of the Addl. Dist. J. of 24-Parganas when on an appln. made by the pltf who is the resp. in the appeal, we, under Article 228, Const. Ind. transferred the appeal to this Court for decision of the constitutional point involved in it.

( 3 ) THE facts, in so far as they are material to this judgment, are as follows: The petnr. purchased the entire Touzi being No. 341 of the 24 Parganas Collectorate at a revenue sale held on 9-1-1942. After purchase the purchaser annulled the under-tenures and tenancies which he was entitled to avoid and annul Under Section 87, Act XI [11] of 1859, as it stood at the date of the sale (9-1-1942) and at the date of the institution of the suit.

( 4 ) ON 18-3 1946, the pltf. instituted the suit out of which this appeal arises, in the Court of the Fourth Subordinate Judge, 24-Parganas (T. S. No. 35 of 1946) for ejectment. There were several defts.

( 5 ) THE pltf's east is that by purchase at the sale, he acquired the estate free from all incumbrances imposed upon it after the time of settlement and was entitled to avoid and annul the under-tenure's and tenaucies and forthwith to eject the tenants under that section; that by notice duly served, he has annulled the tenures and tenancies and is entitled to recover possession of the suit lands.

( 6 ) THE suit was contested by deft. 1 alone. His defence, inter alia, was that he was a raiyat within the meaning of the proviso to that section and was not liable to be ejected. He further claimed protection under the fourth exception to that section.

( 7 ) THE learned trial Judge delivered judgment on 14-2-1949. He overruled the objections of the deft. save as to two plots and passed a decree in pltf's. favour accordingly. The suit against the other defts. was dismissed, the learned Judge holding that they were not necessary parties to the suit.

( 8 ) THE deft. on 25-3-1949, preferred an appeal to the Dist. J. (T. A. No. 252 of 1949), which was transferred to the Addl. Dist. J. and was pending before him, when the appln. for transfer was made to this Court under Article 228 of the Constitution.

( 9 ) THE West Bengal legislature has passed an Act called "west Bengal Act VII [7] of 1950--The Bengal Land-Revenue Sales (West Bengal Amendment) Act, 1950", which received the assent of His Excellency the Governor on 15-3-1950, and was published in the Calcutta Gazette Extraordinary of that date. The preamble of the Act is: "whereas it is expedient further to amend the Bengal Land Revenue Sales Act, 1859, in its application to West Bengal, for the purposes and in the manner hereinafter appearing. "

( 10 ) SECTION 37 of the Act of 1859 has been replaced by Section 4 of the Act of 1950 which defines the rights of a purchaser of a permanently settled estate sold for its own arrears.

( 11 ) SECTION 37 of the Act of 1859 gave the purchaser of an entire estate the right to avoid certain incumbrances and under-tenures and acquire the estate in the condition in which it was at the time of the permanent settlement. The words of the section are:"the purchaser. . . . . . . shall acquire the estate free from all incumbrances which may have been imposed upon it after the time of settlement; and shall be entitled to avoid and annul all under-tenures and forthwith to eject all under tenants with the following exceptions:"though this right was given to the purchaser for the protection of the Govt. revenue, the right was an extremely valuable one.

( 12 ) THE effect of Section 4, on the other hand, is that the purchaser is not entitled to annul tenures and tenancies such as he could do Under Section 37 of the Act, of 1859. A purchaser of an estate, who purchases after the commencement of the Amending Act, does not Under Section 4, get that extensive right of annulling ten