SAVITRI DEVI Vs. STATE

JUDGEMENT

(1.) This writ-application is directed against the order dated 23-9-1982 passed by the Additional Member, Board of Revenue (respondent No. 2) in Ceiling Case No. 417 of 1981 and as contained in Annexure-1 to the writ application whereby and whereunder the said respondent allowed the application filed on behalf of the respondent No. 5 against the order passed by the Collector, Muzaffarpur dated 26-9-1981 in Appeal Case No. 28 of 1981-82 whereby he dismissed the application by affirming the order passed by the respondent No. 4, Deputy Collector Land Reforms, Muzaffarpur (East) in Land Ceiling Case No. 41/29 of 1980/81 dismissed the application of pre-emption filed by the respondent No. 5.

(2.) The basic facts of the case are admitted. The petitioner executed two registered deeds of sale bearing Nos. 12685 and 12686 for a consideration of Rs. five thousand each in favour of one Prof. Kamal Narain Singh. According to the petitioner. as the consideration money in respect of the said deed of sale was not paid, she sent a legal notice asking him to pay the consideration amount. The said purported deeds of sale were executed on 15-9-1980. On 18-9-1980 the petitioner executed two registered deeds of cancellation cancelling the instruments executed on 15-9-1980. The aforementioned deeds of cancellation dated 18-9-1980 are contained in Annexures-3 and 3A to the writ application.

(3.) According to the petitioner, in view of the fact that no consideration amount was paid to her by the respondent No. 6, no title passed on to the petitioner.