was homestead and was on that account exempt from liability to pay rent.
the companypany then moved a petition in the high companyrt of patna for a writ quashing the order of the circle officer and the collector fixing the rent under s. 7 of the bihar land reforms act 1950 in respect of the land claimed to be homestead.
the companypany cliamed to classify lands in its occupation under three heads i 12 bighas 9 kathas 7 dhurs on which the factory buildings stood and on that account assessable to rent under s. 7 of the bihar land reforms act 1950 ii 50 bighas 3 kathas 13 dhurs of cultivable land under khas cultivation of the companypany liable to assessment of rent under s. 6 of the act and 71 bighas 2 kathas 12 dhurs as homestead land number liable to assessment under sub s. 1 of s. 5 of the act.
goburdhun for the respondents.
appeal from the judgment and decree dated october 28 1965 of the patna high companyrt in misc.
against the order dismissing the writ petition this appeal has been filed with certificate granted by the high companyrt.
but by the provisions of the act homestead lands and lands of the factory remained in the occupation of the companypany.
prior to 1956 it possessed a companysiderable zamindari property.
c. chagla d. n. mishra j. b. dadachanji and o. c. mathur for the appellant.
civil appellate jurisdiction civil appeal number 169 of 1967.
the high companyrt rejected the petition.
appeal against that order was dismissed by the companylector of saran by his order dated august 6 1962.
judicial case number 1262 of 1962.
by order dated february 10 1961 the circle officer fixed rent at the rate of rs.
the circle officer rejected the companytention of the companypany that 71 bighas 2 kathas 12 dhurs of land on which there stood residential bungalows quarters garage kitchens clubs dispensary rest house outhouses office buildings tube well and water tank godown cattle shed weighbridge house etc.
the circle officer companymenced a rent assessment proceeding under the bihar land reforms act for determining the rent payable by the companypany.
under a numberification issued in exercise of the power under the bihar land reforms act 30 of 1950 the entire zamindari vested in the state with effect from january 1 1956.
the judgment of the companyrt was delivered by shah j. kanppur sugar works limited a public limited companypany is engaged in the business of manufacturing sugar in village marhowrah district saran in the state of bihar.
