THAKUR MANMOHAN DEO TIKAITNI FALDANI KUMARI Vs. STATE OF BIHAR
LAWS(SC)-1960-9-17
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on September 19,1960

THAKUR MANMOHAN DEO,TIKAITNI FALDANI KUMARI Appellant
VERSUS
STATE OF BIHAR Respondents





Cited Judgements :-

SULTAN SINGH VS. ASSISTANT REGISTRAR INCHARGE JHANSI DIVISION JHANSI [LAWS(ALL)-1971-3-42] [REFERRED TO]
RADHASHYAM NAIK AND ORS. VS. SRIPATI NAIK AND ORS. [LAWS(PAT)-1987-8-25] [REFERRED TO]
NAGPUR DISTRICT CENTRAL CO-OPERATIVE BANK LTD VS. DIVISIONAL JOINT REGISTRAR CO-OPERATIVE SOCIETIES NAGPUR [LAWS(BOM)-1971-4-1] [REFERRED TO]
STATE OF BIHAR VS. THAKUR MANMOHAN DEO [LAWS(PAT)-1963-11-7] [REFERRED TO]
K. LAXMAN VS. JOINT REGISTRARDISTRICT [LAWS(TLNG)-2018-12-13] [REFERRED TO]


JUDGEMENT

S. K. Das, J. - (1.)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. By the said judgment and decree the High Court dismissed two appeals which arose out of two suits, Title Suit No. 42 of 1950 and Title Suit No. 23 of 1952, which were tried together and dismissed with costs by the learned Subordinate Judge of Deoghar.
(2.)The plaintiffs of those two suits are the appellants before us. One of the appellants Thakur Manmohan Deo was the holder of a ghatwali tenure commonly known as the Rohini ghatwali, situate within the subdivision of Deoghar in the district of the Santal Parganas. The other appellant Tikaitni Faldani Kumari was the holder of the Pathrole ghatwali also situate in the same sub-division. Both these ghatwali tenures were formerly known as Birbhum ghatwalis and were governed by Bengal Regulation XXIX of 1814. In the year 1950 was enacted the Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950), hereinafter called the Act. The Act came into force on September 25, 1950. 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. The Constitution (First Amendment) Act, 1951, was enacted on June 18, 1951, and in appeals from the decision of the Patna High Court this Court held in State of Bihar vs. Kameshwar Singh, (1952) SCR 889 that the Act was not unconstitutional or void on the grounds alleged, except with regard to the provisions in S. 4(b) and S. 23(f) thereof. The validity of the Act is, therefore, no longer open to question on those grounds, though in one of the suits out of which these two appeals have arisen, it was contended that the Act was ultra vires the Constitution.
(3.)The principle issue in the two suits which now survives is issue No. 3 which said:"Do the provisions of the Bihar Land Reforms Act, 1950, purport to acquire the plaintiff's ghatwalis If so, are they ultra vires in their application to such ghatwalis - 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 come to us.
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