MUKHIYA DEVI Vs. MEMBER, BOARD OF REVENUE, BIHAR,

JUDGEMENT

(1.) The petitioners are the purchasers before this Court. The sale deed was executed on 5.6.1987 registered on 27.1.1988 with respect to Plot Nos. 634, 635, 636, 633 and 631 in favour of petitioners by respondent no. 9. Although the plot is a big chunk of land, the total land sold were 29 decimals. Two sale deeds were purportedly executed in favour of petitioners for a consideration amount of Rs. 10,000/- each. The petitioners filed a pre-emption application within time which was allowed by order dated 30.7.1988 by the D.C.L.R., the appeal and revision of the petitioners were dismissed by order dated 13.6.1989 and 1.1.1990.

(2.) Mr. Keshav Shrivastava learned Senior Counsel appearing on behalf of the petitioners submits that the pre-emption should fail on account of the fact that Rule 19 of the Bihar Land Ceiling Rules have not been followed which require that the purchased money together with the sum equal 10% thereof should be deposited in the treasury/sub-treasury of the district within which the land has been transferred. It is also submitted that the respondents are separate and have partitioned the lands in between their three branches, the apportionment of the land which is subject matter of the dispute is virtually impossible between them, if this Court upholds the orders aforesaid. Lastly, it has been submitted that the purchasers are also the adjoining raiyats of the said lands.

(3.) The respondents' case is that Bishundeyal Singh died leaving behind three sons namely Deonandan, Deolal and Jiwan Singh. Deonandan Singh also died leaving behind the applicants respondent nos. 4, 5 and 6. The vendor is the wife of Jiwan Singh. It is specific case that there was a partition of Plot Nos. 634, 635 and 636. Western 1/3rd was allotted to the sons of Deonandan Singh's branch whereas the Eastern 1/3rd was allotted to Deolal Yadav's branch and 1/3rd in the middle was allotted to Jasoda Devi, the vendee. By virtue of the said partition, it is apparent that the pre-emptors are boundary raiyats of the land in question. Referring to the points raised on behalf of the petitioners, this Court will first take up whether the pre-emption application failed due to non-fulfillment of Rule 19 of the Bihar Land Ceiling Rules. The submission on behalf of the petitioners is that there are two sale deeds which have been executed for a consideration amount of Rs. 10,000/- each, and as such the pre-emptor ought to have deposited Rs. 20,000/- + 10% of the value of the lands. It is submitted that necessity of executing a second sale deed arose, when the vendor realized that the actual amount paid was Rs. 20,000/, whereas the sale deed mentioned a sum of Rs. 10,000/-. It is submitted that an affidavit was filed by Jasoda Devi vendor, stating therein that the second sale deed had been executed for the reason as mentioned aforesaid.