MOHAMMAD SHAFIQUE AHMED Vs. STATE OF BIHAR

JUDGEMENT

(1.) These applications arise out of a proceeding for pre-emption in terms of Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.

(2.) The Petitioner is the purchaser. He has lost to the claim raised by Respondent No. 6 before all the three Courts under the Act.

(3.) The Petitioner purchased 1 hatha of land from Survey Plot No. 3891 appertaining to Khata No. 4 situated in village Bahraul for a consideration of Rs. 9,500/- from Respondent No. 6 under sale deed No. 1363 executed on 18.3.1992. On the same date, from the same vendor, and for the same consideration he purchased Anr. area of 1 katha from the same plot under sale deed No. 1364. In other words, a purchase of 2 kathas of land from Plot No. 3891 was split up into two, though the two sale deeds were executed on the same date and were also registered on the same date 16.7.1992. It is not in dispute that the pre-emptor Respondent No. 5 was an adjoining raiyat to the vended pieces of land and was also shown on the northern boundry of the vended land in both the sale deeds in question.