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1968 Supreme(SC) 166

J.M.SHELAT, K.S.HEGDE
Hiralal Agrawal – Appellant
Versus
Rampadarath Singh – Respondent


Advocates:
D.P.Singh, E.C.AGARWAL, K.M.NAYAR, M.K.NAMBIYAR, NARENDRA SINGH, R.C.Prasad, S.T.DESAI, Udaipratap Singh

Judgement

SHELAT, J.: These three appeals, by special leave, raise common questions and are, therefore, disposed of by a common judgment. The facts in Civil Appeal No. 1244 of 1968 being typical, we need set out them only so that the rival contentions of the parties on those questions may be properly appreciated.

2. By a deed of sale dated October 9, 1984, one Prembati Devi sold 2.62 acres of land to respondent 1 for Rupees 2,000. The said deed was thereafter presented to the Sub-Registrar for registration. On October 14, 1964, the appellant applied for a certified copy of the said sale deed and on its being furnished to him he filed an application dated November 26, 1964 under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, XII of 1962 before the Collector. He annexed to his application the said copy of the sale deed and a copy of the challan evidencing his having deposited the sale price of Rs. 2,000 and an additional sum of 10 per cent thereof as required by the proviso to Section 16 (3) (i) and Rule 19 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963. On November 30, 1964, the

















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