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2006 Supreme(SC) 512

TARUN CHATTERJEE, ARIJIT PASAYAT
Chandrika Singh (Dead) Thr. L. Rs. – Appellant
Versus
Arvind Kumar Singh (Dead) By L. Rs. – Respondent


JUDGMENT

Tarun Chatterjee, J.—One Shri Arvind Kumar Singh, who was the admitted owner of the lands namely, Plot No. 2628 measuring 10 dhurs, Plot No. 2679 measuring 17 dhurs in village Bhatwaliya P.S. Gobindganj, district East Champaran and Plot No. 25 measuring 1 dhurs in village Sarotar in the State of Bihar (hereinafter referred to as the “lands in question”) executed a sale deed on 10th of August, 1983, transferring the same in favour of one Shri Paras Sah for a consideration of Rs.1000/-. On 12th of October, 1983 Paras Sah executed a sale deed in respect of the lands in question in favour of one Smt. Ghurla Kuer for a consideration of Rs. 4000/-. The sale deed executed by Arbind Kumar Singh in favour of Mr. Paras Sah on 10th of August, 1983 was registered on 14th of June, 1984. On 17th of July 1984, an application for pre-emption was filed before the Deputy Collector by one Chandrika Singh against Paras Sah under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961( in short “the Act”) claiming to be a raiyat of adjoining lands of the lands in question. Paras Sah had filed his written objection to the application for pre-




































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