S. P. Sinha, J.

1. This application raises, rather an interesting question on the interpretation of Sec.16 (3) of the bihar Land Reforms (Fixation of Ceiling area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962 ).

2. The facts are simple : Respondents 6 and 7 transferred plot nos.87 and 88 of Khata no.679 situated in village mile, Police Station Bindupur in the district of Vaishali to respondent no.5, under a registered sale deed dated 27th May, 1974. The petitioners being admittedly the Raiyat of an adjoining plot of land. Filed application on the 26th august, 1974, claiming right of preemption under Sec.16 (3) of the Act, in respect of the said land. Respondent no.8, who also was an adjoining Raiyat of the transferred land, filed an application on 5th September, 1974 for pre emption under Sec.16 (3) of the Act. Both these applications had been filed after fulfilling all the requirement of law. The deputy Collector-in-charge Land Reforms (hereinafter referred to as the d. C. L. R.) took cognizance of both the applications on the same date and both the applications were taken up for consideration together. The D. C. L. R. granted the claim of the petitioner