SHAILJANAND VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and

(2.) ON behalf of the appellant Mr Sukumar Sinha, Senior Advocate has fairly submitted that the appellant in the capacity of preemptor applicant has lost at all the stages on the finding that the purchaser acquired the status of adjoining raiyat of the vended plot prior to the date of filing application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as "the Act?). He indicated that the appellant now cannot raise any issue of fact but this appeal was admitted because of an issue of law. According to learned Counsel, the issue is whether the crucial date for acquiring status of an adjoining raiyat for defeating a preemption application shall be the date of sale and purchase of the land sought to be reconveyed or the date of application under Section 16(3) of the Act.

(3.) AN attempt was made to contend that the subsequent event must include not only the execution of a subsequent deed of transfer but also its registration because Section 47 of the Indian Registration Act has not been considered or mentioned in the aforesaid judgment of the Full Bench. On this ground, an effort was made to persuade us to interfere in the matter because in the present case, the purchaser acquired the status of an adjoining raiyat through a subsequent sale deed which was executed prior to the application under Section 16(3) of the Act but registered about 10 days later.