ORDER

Leave is granted.

2. The appellant, an unsuccessful applicant under Section 16(3) of the Bihar Land Reforms Act, 1961 ( for short the Act ) claiming right of pre-emption in respect of the land in dispute, is in appeal against the judgment and order dated 17th September 1997 of the High Court of Judicature at Patna in Letters Patent Appeal No. 263 of 1995.

3. The short question that arises for consideration in this appeal is whether the application under Section 16(3) of the Act filed by the appellant is within limitation.

4. The land in dispute in this appeal was sold by respondent No.6 in favour of respondent No.5 and the sale deed was registered on January 30. 1988. The appellant filed the said application for transfer of the land in dispute in his favour to enforce right of pre-emption before the Land Reforms Deputy Collector, Khagaria claiming 10 be an adjoining raiyat, on 30th April, 1988. That application was allowed by the Assistant Collector on 16th August, 1988. The case went through several vicissitudes and ultimately, the appeal filed by the 5th respondent was allowed by the Additional Collector, Khagaria on April 30, 1988. Dissatisfied with the said order of the C