MANJU SINGH Vs. NARENDRA KUMAR SINGH

JUDGEMENT

(1.) HEARD counsel for the petitioner.

(2.) COUNSEL for the petitioner with reference to the prayer made in the plaint and also other averments would submit that the suit in question is clearly barred under the provisions of Section 43 of Bihar Land Reforms (Fixation of Ceiling Area and acquisition of Surplus Land Act. 1961 (hereinafter referred to as the Ceiling Act ). He would further emphasize that any claim for pre-emption as has been sought to be pressed in the present suit by the plaintiffs-opposite parlies cannot be entertained by the Civil Court and therefore on a plain reading of the plaint itself the Court below was required to decide this aspect in terms of Order VII, Rule 11 (d) of the Code of Civil Procedure.

(3.) IN the opinion of this Court counsel for the petitioner seems to be correct. Section 43 of the Act reads as follows :-