JUGESHWAR SINGH ALIAS SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the counsel appearing for respondent Nos. 5, 6 and 7.

(2.) Petitioner is the pre-emptor. He has filed this application for quashing the order dated 10-12-1999, passed by the Additional Member Board of Revenue dismissing the pre-emption revision case No. 271 of 1998 on the point of maintainability. Prayer is also for quashing the order dated 1-12-1998, passed by the Additional Collector, Nalanda in Land Ceiling Appeal No. 23 of 1996-97 whereby the order dated 27-5-1996 passed by the D.C.L.R., Hilsa, Nalanda in Case No. 5 of 1995-96 allowing the pre-emption application in favour of the petitioner has been set aside.

(3.) The case of the petitioner is that his father Late Karu Singh and grandfather of Braj Kishore Prasad (respondent No. 7), the vendor were full brothers so the petitioner and the father of the vendor are own cousins. Braj Kishore Prasad, respondent No. 7 transferred 43.34 decimals of land through four registered sale deeds dated 30-12-1992 in favour of Surya Narain Prasad (respondent No. 5) and Vinod Kumar (respondent No. 6). Out of the four sale deeds two sale deeds were executed in favour of respondent No. 5 consisting an area of 10 decimals and 13.34 decimals of Plot No. 2603 under Khata No. 482 Tauji No. 15003. Remaining two sale deeds were executed in favour of respondent No. 6 each consisting of 10 decimal lands of same plot. In the sale deed wrong boundary was intentionally given showing name of Rameshwar Prasad in northern boundary of all four sale deeds. Rameshwar Prasad is the full brother of the petitioner. Admittedly total area of plot No. 2603 consist of 1 acre which was partitioned on the basis of compromise decree dated 14-7-1969 passed in Title Suit No. 9 of 1969. In the said compromise decree petitioner and his brother were allotted 56 decimals of land out of 1 acre of total area of plot No. 2603 under Khata No. 482 towards north. Mohan Singh, the father of the vendor Braj Kishore Prasad (respondent No. 7) was allotted remaining 43 decimals towards south. Accordingly the petitioner became the co-sharer as well as adjacent raiyat of the vended land. Though in the sale deed a wrong boundary was given but. in reality the petitioner was in exclusive possession of the entire 56 decimal of land adjacent north to the vended plot.