JAGDEO PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) It is not disputed that one Gajraj Singh had l/4th share in the lands recorded in his name. By an oral gift, he gifted 56 dacimals of land appertaining to Khasra No. 1725 (old) and 2280 (new) to his daughter. The gift is said to have taken place long ago and, according to the petitioners, since the value was less than Rs. 100/- the oral gift was permissible. However, it is not in dispute that the plot in question stood recorded in the names of the sons of Gajraj Singh. Consolidation proceeding was notified in the village in question by a notification dated 27-5-76. Petitioners 1 to 3 who were sons of the daughter of Gajraj Singh filed an objection under Section 10 (1) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as 'the Act') claiming the plot of land as belonging to their mother and contending that the same was wrongly recorded in the names of the sons of Gajraj Singh. The aforesaid sons of Gajraj Singh appeared in the proceeding and conceded the claim of the petitioners. The Assistant Consolidation Officer in purport exercise of his jurisdiction under Section 10 (3) of the Act recorded an order on compromise on 10-12-1979.

(3.) It may be stated that respondent No. 7 herein is a purchaser of the same plot of la,nd from a grandson of a brother of Gajraj Singh. He is said to have purchased the plot of land in question on 6-8-1979.