BHAIREBENDRA NARAYAN BHUP SM BEDA BALA DEBI Vs. STATE OF ASSAM:STATE OF ASSAM

JUDGEMENT

(1.) IT is intended by this judgment to dispose of both the appeals mentioned above. The appeals have come up before us in circumstances which may shortly be recounted.

(2.) ON 6-12-1954 the appellant Raja Bhairabendra Narain Bhup of Bijni filed T. S. No. 27 of 1954 in the Court of the Subordinate Judge of Lower Assam District at Dhubri praying, inter alia, for a declaration that Assam State Acquisition of Zamindaris Act, 1951 (Assam Act 18 of 1951) as amended by Assam Act 6 of 1954 was not validly passed, was not law at all and was unconstitutional, ultra vires and void and for a declaration that the impugned Act was, at any rate, inapplicable to the plaintiff's properties and the Notification purporting to be issued under S. 3(1) of the impugned Act in respect of the plaintiff's properties was illegal, ultra vires and void.

(3.) THE High Court framed 11 issues in the Raja's T. S. No. 1 of 1955. THE issues common to the two suits were as follows :-