Untwalia, J.

1. In this case the important question of law, which falls for decision, is whether in a proceeding under Sec.16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, hereinafter called the Act, it is open to the transferor to sav that in spite of the execution and registration of the sale deed there was no transfer of land because the intention to transfer was on payment of the consideration money and since consideration money was not paid, land did not stand transferred.

2. Respondents 2 to 8 executed a sale deed in favour of respondent No. 1 on the 19th January, 1967 purporting to transfer 10 kathas 17 dhurs of land for Rs. 1,900/-. The registration was completed under Sec. 61 of the Registration Act Thereafter the petitioners filed an application under Sec.16 (3) of the Act claiming pre-emption on the ground that they were co-sharers and/or adjoining raiyats of the land transferred. It appears that notice of the filing of the application under Sec.16 (3) of the Act was given to the transferors and the transferee in accordance with Rule 19 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Sur