MOTI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of the judgment dated 10-1-1980 of the learned single Judge in C.W.J.C. No. 1954 of 1976.

(2.) This matter arises out of a preemption case. Moti Mandal and others filed an application for pre-emption on 16-9-1968. The impugned sale deed was executed by Mahabir Mandal in favour of Rameshwar Singh and Jagdish Singh on 8-8-1967 and it was registered on 4-7-1968. The application for pre-emption was filed within three months from the date of registration. The learned single Judge was of the view that the pre-emption application should be rejected on two grounds, namely, (1) that the pre-emption application itself is not maintainable, and (2) that the purchase money and the holding cannot be split up in a pre-emption case.

(3.) So far as point No. 1 is concerned, the learned single Judge was of opinion that this purchase money ought to have been deposited along with the application. In the present case these petitioners had filed an application for pre-emption before the date of the registration along with the purchase money with a sum equal to 10% thereof. These petitioners filed another application within three months from the date of the registration and attached the earlier challan, by which the purchase money together with the sum equal to 10% thereof was deposited earlier. The learned single Judge was of the view that fresh purchase money ought to have been deposited along with the subsequent application within three months of date of the registration. I disagree with the opinion of the learned single Judge on this point.