RAMJI RAM Vs. MEMBER BOARD OF REVENUE

JUDGEMENT

(1.) This application arises form a pre-emption proceeding under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area &, Acquisition of Surplus Land) Act.

(2.) The three petitioners and respondent No. 21 being own brothers were the pre-emptors; father of respondents 4 and 5, respondents 6,7,8, father of respondents 9 to 13 and respondent No. 14 were the purchasers (hereinafter collectively referred to as 'the purchasers'); respondents 5 to 21 were the vendors.

(3.) The purchasers purchased a large number of plots (about 24 in number) appertaining to Khata No. 49 and adding up to a total area of 2.85 acres from the vendors for a sum of Rs. 3,000 only under a sale deed which was executed on 31.10.71. The registration of the sale deed was completed on 21-11- 1977. The three petitioners along with respondent No. 21 filed a single joint application for -re-emption after depositing the consideration money plus 10% as provided in law and after complying with the necessary formalities. Their claim for pre-emption was based on the plea that each of the four pre- emptors was a co-sharer in respect of each of the vended plots of land; in addition, each of the pre-emptors claimed to be an adjacent raiyat in respect of each of the vended plot.