DUKHAN SAH Vs. GAJENDRA SAH

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order of the learned single Judge in C.W.J.C. No. 642 of 1979, allowing the writ application of the writ petitioner, who is respondent No. 1 in this appeal.

(2.) The writ petitioner, Gajendra Sah, purchased 19 Dhoors of land in plot No. 638, Khata No. 29 in village Jahangirpur, district Saran. The appellants filed an 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, which was dismissed by the Land Reforms Deputy Collector. In appeal, this order was affirmed. The Board of Revenue, in revision, allowed the revision application and allowed pre-emption. Purchaser, Gajendra Sah, therefore, filed the writ application, aforesaid, which has been allowed. Hence this Letters Patent Appeal by the pre-emptors.

(3.) Section 16(3) of the Act envisages deposit of "purchase money" by the pre-emptor together with 10% thereof. Unless such a deposit is made, the application for pre-emption cannot be entertained. The only controversy in this case is, whether there was a deposit by the pre-emptor in accordance with law. The pre-emptor had in this case made a deposit of Rs. 350/- as 'purchase money' and Rs. 50/- being 10% of the entire consideration money. (Rs. 500/-) shown in the sale deed.