Judgment

MITTER, J.: The only question involved in this appeal is, whether the direction of the High Court that the partition suit launched in 1943 should be allowed to proceed in view of the provisions of S. 6 of the Bihar Land Reforms Act, 1950 which came into force on 25th September, 1950,is correct.

2. The suit had a chequered career. It was instituted against a number of persons the main relief asked for being partition of four annas Milkiat interest in Touzi No. 702, Tappa Haveli, Pargana Maheshi District Champaran, Bihar. The Subordinate Judge of Motihari made a preliminary decree for partition declaring the first respondent s share in the property as claimed by him. The High Court in appeal modified the decree reducing, the plaintiff s share to Re, 0-1-4 interest only. In further appeal to this Court the trial court s preliminary decree was upheld on 5th October, 1953. In the meanwhile the Bihar Land Reforms Act of 1950 effecting far reaching changes in the incidents of land tenure and land holdings had been passed. The first appellant made an application to the trial court in June 1958 praying that the proceedings for final decree be treated as having abated in view of the vesting of all estates in land in the State of Bihar. This was accepted by the Subordinate Judge by an order dated July 12, 1958. The High Court allowed the appeal with the direction above mentioned which the appellants now seek to have set aside.

3. The bone of contention between the parties is the extensive bakasht lands in the aforesaid Mouza. The appellants contend that under S. 6 (1) of the Act all these lands vested in the State and came to be held by the persons in "khas possession" thereof as raiyats under the State. To appreciate the plea it is necessary to make a brief reference to some of the provisions of the Act.

4. As is well known the object of the Act was to cause transference to the State of the interest of proprietors and tenure-holders in land as also of the mortgagees and lessees of such interests including interests in trees, forests, fisheries, jalkars, ferries, hats, bazars, mines and minerals and to provide for certain consequences following therefrom and connected therewith. Section 3 of the Act enabled the State Government to declare by notification that the estates or tenures of a proprietor or tenure-holder specified therein would pass to and become vested in the State. The consequences of such vesting are setforth in Sec. 4 under cl. (a):

"Such estate of tenure including the interests of the proprietor or tenure-holder in any building or part of a building comprised in such estate or tenure and used primarily as office or cutchery for the collection of rent of such estate or tenure, and his interest in trees, forests, fisheries, jalkars, sairati interest as also his interest in all sub-soil including any rights in mines and minerals whether discovered or undiscovered, or whether being worked or not, inclusive of such rights of a lessee of mines and minerals, comprised in such estate or tenure (other than the interests of raiyats or under-raiyats) shall, with effect from the date of vesting, vest absolutely in the State free from all incumbrances and such proprietor or tenure-holder shall cease to have any interest in such estate or tenure, other than the interests expressly saved by or under the provisions of the Act". Section 6 of the Act provides for such saving and the relevant portion thereof runs as follows:

"(1) On and from the date of vesting all lands used for agricultural or horticultural purposes, which were in khas possession of an intermediary on the date of such vesting, including-

(a) (i) proprietor s private lands let out under a lease for a term of years or under a lease from year to year......

(ii) landlord s privileged lands let out under a registered lease for a term exceeding one year or under a lease written or oral, for a period of one year or less, referred to in Section 43 of the Chota Nagpur Tenancy Ac