JAGESHWAR PD SINGH Vs. BIRCHA CHAMAR

JUDGEMENT

(1.) This is Civil Reference No. 1 of 1951 made by the learned Subordinate Judge of Palamau under Section 113, Civil P. C.

(2.) There is Title Suit No. 6 of 1951 pending in the said Court. This title suit was filed by Thakurai Jugeshwar Prasad Singh, Malik Khorposhdar of Chainpur estate, against Bircha Chamar and others, some tenants of village Nimia. The suit was filed for a declaration that the trees standing on the holdings of these tenants are the property of the plaintiff in spite of the provisions of Section 9 of Bihar Act, 25 of 1947 and Bihar Act 11 of 1950. It is alleged on behalf of the Chainpur estate that these legislations are ultra vires and void.

(3.) The suit was contested by the defendants, and issue No. 1 framed in the suit is as follows: "Whether Section 9 of Bihar Act 25 of 1947 and the entire Bihar Act 11 of 1950 are ultra vires and void?" The learned Subordinate Judge is of the opinion that the said legislations are invalid and inoperative, and has made this reference seeking the opinion of this Court whether the said legislations are invalid and inoperative.