MOST.SAVITRI DEVI Vs. STATE

JUDGEMENT

(1.) HEARD counsel for the petitioners and learned counsel for the State. Petitioners are aggrieved by the order dated 20.11.1985 contained in Annexure -5 passed by the appellate authority as well as Annexure -6 dated 27.7.1989, which is revisional order passed by the Member, Board of Revenue in a proceeding under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. (for short 'the Act ').

(2.) The land in question which is the subject matter of dispute is contained in Khata No. 111, Khesra No 196 and the area is 2 kathas 1 dhur only. As per narration of the petitioners on 5th June, 1979 respondent no. 5 filed application for pre -emption in the Court of Deputy Collector Land Reforms stating therein that Plot No. 196, Khata No. 111 of Mouza Sandalpur, P.S. Moffasil area 2 katha 1 dhur out of total area 7 katha 7 dhurs was sold by Shiva Charan to Muneshwar Prasad Yadav, the husband of petitioner no. 1 by Kewala dated 5.5.1979. In the northern boundary of the said plot the admitted land of the pre -emptor has been purchased from another co -sharer of Shiv Charan. The purchaser has no land in the adjoining. Further the nature of the land is a Bhith Land.

(3.) THE case of respondent no. 5 on the other hand is that Plot No. 196 having an area of 23 acres i.e. 7 kathas 7 dhurs belonged to one Mangroo, Shiv Charan, respondent no. 6, and Gudri. There was mutual partition between three, Mangroo got 2 kathas 10 dhurs, and Shiv Charan got 2 Kathas 5 dhurs. On 2.3.1970 respondent no. 5 purchased 2 kathas 5 dhurs of Plot No. 196 from the heirs of Mangroo, namely, Dhaneshwar Yadav. The recital in the sale deed dated 2.3.1970 described the land as "Basobas" (Homestead).