DEO NARAIN MANDAL Vs. RAM CHANDRA MANDAL

JUDGEMENT

(1.) SUB -section (3) of Sec. 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) is as follows:

(2.) IN view of Sub -section (3) of Sec. 16 of the Act if a land, dealt by the Act, is transferred, then the adjoining raiyat acquires a right to pre -empt the same. The right of pre -emption accrues on transfer of the land and the time to exercise such right starts running from the date of registration of the conveyance transferring the land and ends on expiry of three months from the date of registration. In order to make the application for pre -emption within the four corners of the right conferred by Sub -section (3) of Sec. 16 of the Act, the pre -emptor is required to deposit not only the consideration money for which the transfer has been effected, but also additional 10% thereof. The moment an application for pre -emption is made within the time specified and upon deposit of money required to be deposited, despite the application for pre -emption has not been decided one way or the other, the pre -emptor is entitled to be put into possession of the land transferred. In the event the pre -emption application fails, the transferee is entitled to be compensated by payment of 10% of the consideration amount. The land dealt with by the Act has been defined in Clause (f) of Sec. 2 of the Act, which includes homestead, which in turn means also a dwelling house for the purpose of living.

(3.) THE applications were decided by the D.C.L.R. Before such decision, an inspection was carried out. At the time when such inspection was carried out, it transpired that a house has been constructed on the land transferred. The conveyance, under which the land was obtained by the transferees, indicated that the transferees were purchasing the land in question for the purpose of making construction of their house thereon.