CHANDRIKA SINGH Vs. ARVIND KUMAR SINGH

JUDGEMENT

(1.) One Shri Arvind Kumar Singh, who was the admitted owner of the lands namely, Plot No. 2628 measuring 10 dhurs, Plot No. 2679 measuring 17 dhurs in village Bhatwaliya, P.S. Gobindganj, district East Champaran and Plot No. 25 measuring 1 dhurs in village Sarotar in the State of Bihar (hereinafter referred to as the "lands in question") executed a sale deed on 10th of August, 1983, transferring the same in favour of one Shri Paras Sah for a consideration of Rs.1000/-. On 12th of October, 1983 Paras Sah executed a sale deed in respect of the lands in question in favour of one Smt. Ghurla Kuer for a consideration of Rs.4000/-. The sale deed executed by Arvind Kumar Singh in favour of Mr.Paras Sah on 10th of August, 1983 was registered on 14th of June, 1984. On 17th of July 1984, an application for pre-emption was filed before the Deputy Collector by one Chandrika Singh against Paras Sah under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short "the Act") claiming to be a raiyat of adjoining lands of the lands in question. Paras Sah had filed his written objection to the application for pre-emption on 9th of August, 1984 in which he alleged that the lands in question had already been transferred in favour of Ghurla Kuer vide Sale Deed dated 12th October 1983. However, this sale deed was registered on 31st of August, 1984. According to Paras Sah, since he had transferred the property in the name of Ghurla Kuer, the application for pre-emption could not be maintained against him.

(2.) Before the Deputy Collector, Chandrika Singh pleaded that the sale deed executed by Paras Sah in favour of Smt. Ghurla Kuer was a sham transaction and no consideration had passed. It was also pleaded that, in view of the admitted fact that Smt. Ghurla Kuer was an issueless widow and own aunt of Paras Sah and also belonged to the same joint family, it must be held that the sale deed was executed only for the purpose of avoiding pre-emption and to defeat the provisions of law. Chandrika Singh also pleaded that the abnormal jump in the sale price to the extent of 4 times, in just two months, had shown that the second transaction was sham in nature. It was also alleged that the possession of the lands in question was never transferred to Smt. Ghurla Kuer, the second purchaser, and that there was no necessity to implead Smt. Ghurla Kuer in the pre-emption application. The Deputy Collector after hearing the parties and after considering the facts on record allowed the pre-emption application of Chandrika Singh, appellant herein, holding that the sale to Smt. Ghurla Kuer was a sham transaction and it was only executed to defeat pre-emption under the Act. It was also held that the pre-emptor, Chandrika Singh, could not have maintained the pre-emption application under Section 16(3) of the Act before registration of the first sale deed as Section 16(3) of the Act clearly provides that the pre-emption application can only be filed within three months from the date of registration of the document of transfer. In his written objection, Paras Sah had also denied that the pre-emptor, Chandrika Singh, was rayiat of adjoining lands. However, after considering the evidence on record, the Deputy Collector found Chandrika Singh to be a raiyat of adjoining lands to the lands in question. Accordingly, the Deputy Collector, accepting the submissions of Chandrika Singh, allowed the pre-emption application.

(3.) Feeling aggrieved, Paras Sah filed an appeal before the Collector. It may be noted that Paras Sah did not appear before the Collector to proceed with the appeal. The Collector by a judgment and order dated 6th November, 1984 dismissed the appeal only on the ground that Paras Sah, who was appellant in that appeal, had no interest to proceed with the same. It may also be noted that in appeal, Paras Sah had made Ghurla Kuer a respondent for the first time.