JUDGMENT

P. Sathasivam, J.

1. Challenge in this appeal is the final judgment and order dated 29.1.1999 passed by the Division Bench of the High Court of Judicature at Patna in L.P.A. No. 1173 of 1998 whereby the High Court dismissed the said appeal of the appellants herein.

2. The brief facts in a nutshell are: The appellants are the land-holders. On 11.2.1966, Ram Nandan Pandey, the father of the appellants, mortgaged 6 Bigha 15 Katha of land to one Md. Kuddus and subsequently on 4.8.1972, he transferred the said land along with some other land to the same mortgagee. On 11.02.1966, one Rajendra Pandey, the brother of Ram Nandan Pandey mortgaged 6 Bigha 4 Katha 10 Dhur land to one Md. Alam. After the death of Rajendra Pandey, his widow Chandrakala Devi transferred the said land to Md. Alam.

3. On 27.12.1975, a proceeding being Land Ceiling Case No.40 of 1975 was initiated against Ram Nandan Pandey under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as "the Act"). In the draft statement published under Section 10(2) of the Act, the land holders were shown in possession of 126.38 acres of Class IV