Untwalia, J.

1. These two writ applications have been heard together and are being disposed of by a common judgment, as the facts are similar and the points involved in them are identical. C.W.J.C. 1949 of 1970

2. The facts of this case are that respondents 8 and 9 executed a sale deed on 16-12-65 for a sum of Rs. 625/- in favour of the petitioners conveying to them three plots, details of which are mentioned in paragraph 1 of the writ application. The registration of this document was complete under Sec. 61 of the Registration Act on 2-3-66. Dharkhan Singh, ancestor of respondents 1 to 6, and Sahdeo Singh, respondent 7, filed an application on 5-3-66 under Sec.16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962), hereinafter called the Act, claiming to be either co-sharers of some of the plots transferred or adjoining raiyats of some of the plots. The petitioners filed a rejoinder to the application filed by Dharkhan and Sahdeo. In their rejoinder they did not take their full defence in regard to all the facts but reserved their right to take a fuller defence at a later stage.

The main plank of defence