0 1 4 interest only.
In further appeal to these Court the trial companyrts preliminary decree was upheld on 5th ,October 1953.
Appeal from the judgment and decree dated January 14, 1964 of the Patna High Court in First Appeal No.
The first appellant made an application to the trial companyrt in June 1958 prayina 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.
572 of 1958.
The Subordinate Judge of Motihari made a preliminary decree for partition declaring the first respondents share in the property as claimed by him.
This was accepted by the Subordinate Judge by an order dated July 12, 1958.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
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 Judgment of the Court was delivered by 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 companyrect.
The suit had a chequered career.
referred to.
Goburdhun and R. Goburdhun, for the appellants.
2588 of 1966.
N. Sinha and P. K. Mukherjee, for respondent No.
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.
