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1974 Supreme(Pat) 167

K.B.N.SINGH, S.K.JHA, N.L.UNTWALIA
Syed Fakir Mohammad Sheikh Salahuddin – Appellant
Versus
Salahuddin – Respondent


Judgment

UNTWALIA, J.

1. These three writ applications arising out of the one and the same 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, have been heard together and are being disposed of by this common judgment. Unless otherwise indicated, the facts will be stated with reference to C. W. J. C. 429 of 1967.

2. Syed Mohammad Muslim, respondent No. 2, was owner of 0.06 acre of land comprised in plot No. 3307, Khata No. 517, with his dwelling house standing thereon, in village Rangpura, Police station Dhamdaha, district Purnea. By a registered sale deed dated 27-2-1965, he transferred the said land to Sheikh Salahuddin, respondent No. 1, for Rs. 100/-. The petitioner is brother of respondent No. 2. In order to claim pre-emption under Sec.16 (3) of the Act, he made a deposit of Rs. 110.00 on 13-3-1965 in accordance with the Act and the Rules framed thereunder. The application under Sec.16 (3) of the Act along with duly filled up form L. C. 13 prescribed under the Rules and a certified copy of the Kebala was filed on 15-3-1965; the application was filed against respondents 1 and 2. O






















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