This issue was decided against the appellants by the learned Subordinate Judge and the decision of the learned Subordinate Judge was upheld on appeal by the High Court of Patna in its judgment and decree dated December 10, 1954, from which decision these two appeals have companye to us.
Lal Narayan Sinha, Bajrang Sahai and R. C. Prasad, for the respondents 1960.
K. Jha, J. C. Sinha, S. Mustafi and R. R. Biswas, for the appellants.
Appeals from the judgment and order dated December 10, 1954, of the Patna High Court in Appeals from Original Decree Nos.
273 and 274 of 1955.
One of the appellants Thakur Manmohan Deo was the holder of a ghatwali tenure companymonly known as the Rohini ghatwali, situate within the subdivision of Deoghar in the district of the Santa Parjanas.
The Act came into force on September 25, 1950.
The Judgment of the Court was delivered by K. DAS J. These two appeals on a certificate granted by the High Court of Patna are from the judgment and decree of the said High Court dated December 10, 1954.
September 19.
309 and 310 of 1954.
CIVIL APPELLATE, JURISDICTION Civil Appeals Nos.
By the said judgment and decree the High Court dismissed two appeals which arose out of two suits, Title Suit number 42 of 1950 and Title Suit No.
The plaintiffs of those two suits are the appellants before us.
In the year 1950 was enacted the Bihar Land Reforms Act 1950 Bihar Act 30 of 1950 , hereinafter called the Act.
23 of 1952, which were tried together and dismissed with companyts by the learned Subordinate Judge of Deoghar.
Both these ghatwali tenures were formerly known as Birbhum ghatwalis and were governed by Bengal Regulation XXIX of 1814.
The other appellant Tikaitni Faldani Kumari was the holder of the Pathrole ghatwali also situate in the same sub division.
The validity of the Act was challenged in the Patna High Court on grounds of a violation of certain fundamental rights and the High Court held it to be unconstitutional on those grounds.
