DINA NATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is barred by limitation.

(2.) AFTER hearing learned counsel for the appellant and taking into consideration the averments made in the limitation petition, the delay in filing this appeal is condoned.

(3.) THE facts which are not in dispute are that the original respondent no.8, who died during the pendency of the proceeding and was substituted by his heirs, executed three sale deeds for 3 katha 10 dhurs of land in favour of respondent nos. 5 to 7 being portion of plot no. 354 situate at village Sayedpura, District Siwan. The sale deeds were executed on 12.2.1982 and registered on 19.2.1982. Respondent no.8 also executed sale deed for 4 dhurs of land of the same plot in favour of Ram Lakshman Shah on the same day i.e. 12.2.1982 and the same was also registered on 19.2.1982. Three pre -emption applications were filed. When the matter was remanded by this Court, the authority decided in favour of the pre -emptor appellant and the purchasers filed one set of appeal challenging all the three orders and tneir appeal was allowed, against which revision application was filed by the pre -emptor which, as stated above, was dismissed.