SYEDABAD TEA CO. LTD. versus STATE OF BIHAR

Citation: [1983] 1 S.C.R. 878 · Decided: 30-11-1982 · Supreme Court of India · Bench: A.P. SEN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

878 
A 
SYEDABAD TEA CO. LTD. 
v. 
STA TE OF BIHAR 
November 30, 1982 • 
[A.P: SBN, E.S. VBNKATARAMIAH AND R.B. MISRA, JJ.J 
Interpretdtion of statUtes-Legal fiction-Should be carried to its logical 
a 
end to achieve the desired result. 
-
West Bengal (Transfer of. Territories) Act, 1956 Sections 17 and 47-
{ 
0 
E 
F 
G 
B 
Scope of. 
In 1951 three pieces of land belonging to the appellant situated in Bihar 
were acquired by the State of Bihar for a public purpose. When appeals against 
the judgment of tbe District Judge enha,ncing the compensation payable in respect 
of these lands were pending before the Patna High Court tho West Bengal 
(Transfer of Territories) Act, 1956 came into force in consequenCe of which the 
acquired lands stood transferred to the State Of West Bengal. The appeals pending 
before the Patna High Court were, however, not trRnsferred to the Calcutta High 
Court, nor was tbe State of West Bengal substituted in place of the State of Bibar. 
The Patna'High Court dismissed the State's appeals. 
In the execution petitions the appellant impleaded the State of Bihar as 
the judgment~debtor but the State of Bi bar raised an objection tbat since the lands 
were tlien situated in the State of West B!ngal it was th~t State which 'was liable 
to pay the decretal amounts. 
Upholding this contention the executing Court. dismissed the ~xecution 
petition. This was upheld by the High Court. 
Allowing the appeal, 
HELD: Section 17 of the Act enjoins that only such proceedings pending 
in the High Court of Patna immediately before the appointed day as are certified 
by the Chi_ef Justice of that High Court hiiving regard to the pla~ of accrual of 
the cause of act'ion and otber circumstances, have to be transferred to the High 
Court of Calcutfa, which means that if th~re is no such certification th~y have to 
be disposed of by the High Corirt of Patna even though' the cause of action might 
have accrued in any ·part of the transferred territories as that court continues to 
exercise jurisdiction over those cases. [862 E·G] 
· 
In the instant case since there was no such certificate the High Court of 
Patna rightly disposed of the appeals. [882 G] 
.• 
,.J 
.. 
SYEDABAD TBA co. v. BiHAR ( Venkataramiah, 1) . 
879 
Under s. 47 of the Act the State of West Bengal should be deemed to.have 
been substituted for the State of Bihar even though no such oi'der had been 
passed. o~ a formal application for substitution. When the law says that some~ 
thing should be deemed to have been done, the legal fiction should be Carried to 
its logical end to achieve the desired result .. The decrees must, there(ore,"'be 
·deemed to .have been passed by the High Court -of Patna against the State of 
West Bengal wheri the appeals were dismissed by the Patna High Court. 
,... 
[882 H; 883 A-CJ 
By virtue of Section 47 the State of West Bengal would bo bound by tho 
decrees or ordefs niade in re~pect of _matters referred to therein against.the·State 
of Bibar both before a1id after the appointed day even though the" Sc~te ·Of -West 
Bengal is not formally brought on record in the place of State of Bjhar. In all 
such cases the State of Bihar should be considered as effectively representing the 
State of West Bengal. [883 D'El 
· 
There is no merit in the submission that the interest 8.ccrued , on . the 
amourits of compensation uptO-date or \ipto the date on which thO notices .. were 
served on the State of West Bengal should be d.isallowed. The e~ecuting court 
· ~annot go behind the decree. 1883 B-C] · 
· 
. CIVIL APPELLATE JurusDiCTION : Civil ,Appeals Nos. 2563-l56S 
of 1969. 
From the judgment and order dated the 17th May, 1968 of the 
Patna High Court in Origillal Order Nos: 283-285 of 1963. 
. 
. 
M.L. Lahoty, S.C. Patel and H. Roy for the Appellaat. 
G.S. Chatterjee, for the Respondent-State of Bengal. 
I . 
K.G. Bhagat Additional Solicitor General and D. Go/Ju,!lhan 
for the Respondent, State of Bihar. 
The Judgment of the Court was delivered by 
VENKATARAMIAH, J. 
The question involved in 
these .three 
appeals bf certificate relates to. the liability of the .State of Bihar to 
pay the amount of compensation in respect of lands whi~h after their 
acquisition by it under the Land Acquisition 
Act stood transferred 
to , the State of West Benga.l ul)der the Bihar and West Bengal 
(Transfer of Territories) Act, 1956 (Act No. 40 of 1956 hereinafter 
referred to as 'the Act'). 
" 
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