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1982 Supreme(Pat) 75

M.P.VARMA, S.K.CHOUDHURI
Sk. Halaluddin – Appellant
Versus
Nabi Hasan – Respondent


Judgment

S.K.CHOUDHURI, J.

1. This second appeal by the defendants first party is directed against the concurrent judgements of the Courts below decreeing the plaintiffs suit.

2. In order to appreciate the points raised in this appeal, the relevant facts which are not in dispute are these. The defendants second party purchased the disputed land from one Sirajuddin on 6th Sept., 1968. On the 23rd Nov., 1968, the defendants first party who are the appellants before this Court filed a petition 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) before the Deputy Collector Incharge Land Reforms (D.C.L.R. for short) claiming themselves to be the adjacent raiyats of the land in question. In this application, Sirajuddin the vendor and the defendants second party the purchasers under the document dated 6th Sept., 1968, were the opposite party. This application was registered as case No.35 of 1968, and it was rejected by the D.C.L.R. on 8th April, 1969. It may be stated here that on 8th Nov., 1968, the defendants second party executed a Ladavi deed in favour of Sagiruddin who was th































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