JUDGMENT: Dr. ARIJIT PASAYAT, J.

1. Challenge in these appeals is to the judgment rendered by a learned Single Judge of the Patna High Court dismissing the Civil Revision filed and the order in the Review Petition. Before the High Court challenge was to the order passed by learned Munsif, Bikramganj in T.S. No. 162 of 1992 by which the Objection Petition, filed by the defendant-Petitioner before the High Court viz. respondent No.1 in the present appeal, was rejected. His stand was that in view of Section 43 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short the Act) the suit was incompetent.

2. Factual position in a nutshell is as follows:

Two pre-emption applications under Section 16(3) of the Act were filed by the pre-emptier defendant Respondent No.1, herein. They were registered as Ceiling Case Nos. 19 and 20 of 1973. The plaintiff i.e. purchaser filed objection. The Deputy Commissioner of Lands Reforms, Sasaram rejected both the Petitions. Thereafter the appeals bearing Nos. 49 of 1974 and 52 of 1975 were filed which were allowed by learned Additional Collector. Purchaser-plaintiff, the appellant herein, challenged the sam