N.L.Untwalia, J.

1. At the outset it may be mentioned that petitioner No. 2 died during the pendency of this writ application in this Court. His heirs have been substituted as petitioners 2 (a) to 2 (d). Hereinafter in this judgment, by the petitioners would be meant the original petitioners.

2. Mosammat Jagta Kuer, respondent No. 6, executed two sale deeds in favour of Ram Chhapit Yadav respondent No. 5, on 27-12-63. By one sale deed, a copy of which is Annexure 6, she transferred 0.44 acre of land comprised in plot No. 175 and 0.20 acre of land comprised in plot No. 167 for a sum of Rs. 1,000. By another sale deed, a copy of which is Annexure 7, she transferred lands measuring 1.57 acres comprised in plot No. 182 for Rs. 2,000. The petitioners claiming to be adjoining raiyats of all the three plots transferred, which seemed to be in three different blocks, filed an application on 23-3-64 under Sec.16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, hereinafter to be referred to as the Act. Respondent No. 5 filed his objection and resisted the claim of pre-emption set up by the petitioners. One of the grounds on which the