JITU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner filed an application for pre-emption under Section 16(3) of the Bihar Land Ceiling (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act). The sale deed was executed on 18.5.1995 by Respondent No. 6 in favour of Respondent No. 5. The sale deed indicates that Rs. 3,000/- was paid at the time of execution of the sale deed and Rs. 3,000/- was to be paid at the later stage at the time of exchange of consideration receipt. The said deed was registered on 8.9.1995. The Petitioner gave a notice to the purchaser under Section 19 of the Act and filed the pre-emption application on 6.11.1995. In the mean time, Respondent No. 6 filed Title Suit No. 171 of 1995 for cancellation of sale deed No. 4229 dated 18.5.1995 on the ground that the vendee had not paid the entire consideration amount and as such the title of the land cannot pass in favour of Respondent No. 5. The suit was decreed in favour of Respondent No. 6 on 2.3.1996.

(2.) Learned Counsel for the Petitioner submits that there is bar to filing of a suit under Section 43 of the Act, with respect to the matters to be adjudicated by the Collector or Board of Revenue and as such the Board of Revenue and the Collector could not have taken into consid-eration the decree and judgment passed in Title Suit No. 171 of 1995.

(3.) Section 43 of the Act reads as follows: