SAYAD MASHIR ASHARAF Vs. SAYAD JAMAL ASHRAF

JUDGEMENT

(1.) The present appeal under Clause 10 of the Letters Patent of Patna High Court arises from judgment and order dated 30.5.2007 passed in C.W.J.C. No. 6994 of 1989 whereby, the learned single Judge, while rejecting the claim of pre-emption of the appellant herein, has set aside the orders passed by the Deputy Collector Land Reforms, Saharsa (hereinafter referred to as the 'D.C.L.R.), Additional Collector Land Ceiiing, Saharsa and the Additional Member, Board of Revenue, by which the appellant's claim for pre-emption was allowed and subsequently affirmed in appeal and revision.

(2.) Placing reliance on a Full Bench decision of this Court in Fakir Mohammad V/s. Salahuddin & Ors., 1975 AIR(Pat) 119 and another Division Bench decision of this Court Md. Yusuf V/s. Member Board of Revenue & Ors., 1973 PLJR 44 as well as on the basis of documents and pleadings, learned single Judge upheld the contention made on behalf of purchaser that the lands in question being homestead piece of land and having no connection with any kind of agricultural work, were not amenable to pre-emption.

(3.) The Appellant is the pre-emptor whereas the Respondent No. 1 is purchaser of the lands in question.