LAL MUNI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two writ applications are being disposed of by one order as common question involved therein. Prayer has been made in these two writ applications for quashing order dated 4.2.1991 passed by the learned Additional Member, Board of Revenue in two revision applications where the same have been allowed and the orders passed by the appellate authority in the two appeals have been set aside and claims for pre -emption in two pre -emption applications have been rejected.

(2.) THE short facts are that one Mostt. Jileba Kuer, respondent no. 6 executed two sale deeds on 2.6.1986, registration of which was completed on 8.10.1986. One sale deed was executed in favour of Dipleshwar Singh who is respondent no. 5 in C.W.J.C.No.5257/91 while the other was executed in favour of Kapileshwar Singh who is respondent no.5 in the other application i.e. in C.W.J.C.No.5258/91. By the aforesaid two sale deeds different plots were sold by the parties. Both the purchasers are full brother being son of one Shri Agar Singh.

(3.) THE case of both the purchasers was that preemptor was neither adjoining raiyat nor co -sharer. According to them they were adjoining raiyats as well as co -sharers both as their father Agar Singh had acquired a property by joint family funds in his name which was in the boundary of the lands purchased and both the purchasers had share therein being members of joint family which fact was denied by the pre -emptor. According to him there was separation between purchasers and their father.