Lal Narayan Sinha, Bajrang Sahay and S. P. Varma, for the respondent No.
K. Jha, A. K. Jha, S. S. Shukla, E. Udayarathnam and K. Sinha, for the appellant.
There were certain forests which were excepted from the operation of this Act by its second section, but the forests in the village of Jun with which this appeal is companycerned were number among them.
The Governors Act of 1946 extended to the whole of the Province of Bihar and came into force on February 25, 1946, when having received the assent of the Governor General it was first published in the Bihar Gazette.
Appeal from the judgment and decree dated April 28,1958, of the Patna High Court in appeal from Original Decree No.
April 24.
By a further deed executed on March 15, 1946, which was however unregistered, the Manjhis granted to the appellant the right to pluck, or companylect and carry away bidi leaves in the same forest area for a period of 9 years ending March 1, 1955, for a company sideration of Rs.
The village of Jun in the district of Palamau in the State of Bihar was within the estate of the Raja of Ranka.
The Judgment of the Court was delivered by AYYANGAR, J. This appeal companyes before us on a certificate granted by High Court of Patna under Art.
It is the validity of this enactment and the interpretation of its provisions and.
This right the appellant was to have for a period of 8 years ending on March 1, 1954.
Meanwhile the Governor of Bihar who had, by proclamation issued by him under s. 93 of the Government of India Act, 1935, assumed to himself the powers vested in the Provincial Legislature, enacted in exercise of the powers so assumed, the Bihar Private Forests Act, 1946 Bihar 3 of 1946 .
It is therefore necessary to set out certain of the relevant provisions and also the action taken under them in order to appreciate the companytentions raised by learned Counsel for the appellant.
The State preferred an appeal to the High Court and by the judgment number under appeal the learned Judges of the High Court had allowed the appeal and dismissed the suit with companyts, and the plaintiff has companye upon appeal to this companyrt.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The facts giving rise to the suit and the appeal may number be briefly stated.
133 1 of the Constitution.
The appellant had filed a suit against the State of Bihar before the Subordinate Judge, Daltonganj and had succeeded in obtaining a decree in his favour the details of which we shall presently narrate.
6,000, granted the right to cut and remove bamboos and certain other timber to be found in a specified area of this forest village.
It is the case of the appellant that immediately after these deeds were executed, he started cutting the trees and otherwise exercising the rights granted to him under them.
70 of 1953.
of the similar provisions in the Bihar Private Forests Act, 1947 Bihar 9 of 1948 , by which it was repealed and reenacted, that form the main subject of companytroversy in this appeal.
41 of 1960.
The Manjhis in their turn entered into a registered agreement on February 23, 1946, with Gurudutt Sharma the appellant before us, whereby the latter was, in companysideration of the payment of a sum of Rs.
This proprietor had granted a mokarari lease of the village which companysisted mostly of forest lands, in favour of certain persons who have been referred to in these proceedings as the Manjhis.
