TIWARI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PUNDEO Rai, Shiv Shanker Ral and Indrajit Rai were the co -sharers of two plots of land which they sold under two sale deeds dated 8th June, 1993 and registered on 21st September, 1993 to Raghunath Rai, Baijnath Rai, Gorakh Rai, Mohan Rai and Ragho Rai. The sale deeds in question gave the boundary of the lands sold thereunder and thereby acknowledged that the appellant is an adjacent raiyat of the lands sold.

(2.) The sale deeds provided that the transfer of lands in question is being effected forthwith, but the entire consideration money the purchasers would pay to the vendors at the time of exchange of the registration slip. On the ground that no consideration was paid the vendors executed a deed of cancellation dated 5th October, 1993 and got the same registered on 6th October, 1993. Thereby the vendors purported to cancel the said two sale deeds.

(3.) SUB -section (3) of Sec. 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 is as follows: - "16(3). (i) When any transfer of land is made after the commencement of this Act to any person other than a co -sharer or a raiyat of adjoining land, any co -sharer of the transferor or any raiyat holding land adjoining the land transferred, shall be entitled, within three months of the date of registration of the document of the transfer, to make an application before the Collector in the prescribed manner for the transfer of the land to him on the terms and conditions contained in the sale deed: Provided that no such application shall be entertained by the Collector unless the purchase money together with a sum equal to ten per cent thereof is deposited in the prescribed manner within the said period. (ii) On such deposit being made the co -sharer or the raiyat shall be entitled to be put in possession of the land irrespective of the fact that the application under clause (i) is pending for decision: Provided that where the application is rejected, the co -sharer or the raiyat as the case may be, shall be evicted from the land and possession thereof shall be restored to the transferor and the transferee shall be entitled to be paid a sum equal to ten per cent of the purchase money out of the deposit made under clause (i). (iii) If the application is allowed, the Collector shall be an order direct the transferee to convey the land in favour of the applicant by executing and registering a document of transfer within a period to be specified in the order and, if he neglects or refuses to comply with the direction, the procedure prescribed in Order 21, Rule 34 of the Code of Civil Procedure, 1908 (V of 1908), shall be, so far as may be followed."