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1972 Supreme(Pat) 57

N.L.UNTWALIA, AKBAR HUSAIN
Kauleshwar Singh – Appellant
Versus
Parmanand – Respondent


Judgment

Untwalia, J.

1. Respondents 3 and 4 in this writ application transferred some land in certain villages by means of a sale deed executed on 16-11-1967. The transfer was in favour of Respondents 1 and 2. The sale deed was registered and the registration was complete on 11-12-1967. I may mention one more fact which, of course, is not of much consequence in this writ application, that Respondents 1 and 2 in their turn had transferred the land by another sale deed executed on 21-11-1967. The registration of this sale deed was completed sometime in February, 1968. The petitioner claiming to be the co-sharer and an adjoining raiyat of the land transferred filed an application on 22-11-1967 under Sec.16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1962 (Bihar Act 12 of 1962) (hereinafter to be referred to as "the Act). This application was allowed by the Deputy Collector, Land Reforms, by his order dated 2-2-1963-A copy of this order is Annexure 1 to this writ application. Respondents 3 and 4 were directed to reconvey the land to the petitioner. They went up in appeal. The appellate authority allowed the appeal and remanded the case.







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