SURESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) What is the beginning point for application of the doctrine of 'lis pendens"is the question involved in this application.

(2.) By reason of a registered deed of sale dated 11-7-1986 respondent No. 6 transferred his right, title and interest in favour of Ramashankar Singh and Prabhunath Singh (Respondents Nos. 7 and 8). The said deed was registered on 14-5-1987 in terms of S. 61 of the Indian Registration Act. The respondents No. 7 and 8 however, entered into an agreement for sale with the petitioner on 6-4-1987. The petitioner allegedly paid a sum of Rs.15,000.00 by way of advance out of stipulated consideration of Rs. 27,000.00. The respondent Nos. 7 and 8 thereafter executed a registered deed of sale on 20/08/1987 which was registered on 15-9-1987.

(3.) An application for pre-emption was filed by the respondent No. 5 in terms of S.16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus) Land Act, 1961(hereinafter referred to as 'the said Act) on 20/08/1987 which was registered as Ceiling Case No.47/87-88 claiming pre-emption in respect of lands covered by the deed of sale dated 11-7-1986 aforementioned.