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1984 Supreme(Pat) 90

S.ALI AHMAD
Abdul Gafoor – Appellant
Versus
Additional Member, Board Of Revenue – Respondent


Judgment

1. Respondent No. 4 Khusilal Mahto (since dead) and respondent No. 5 Jagdish Mahto purchased Plots Nos. 436 and 425 in full and Plots Nos. 259 and 424 in part from Sheikh Sultan Ahmad and Sheikh Anwar Ahmad by a registered sale deed dated 11th November, 1966. The petitioner filed an application under Sec.16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, before the Deputy Collector, Land Reforms, Begusarai, on the ground that he held land adjacent to the land sold in favour of the aforesaid two respondents. The application was contested by the purchasers but the Deputy Collector, Land Reforms, Begusarai, by his order dated 18th January, 1968, allowed, the prayer for pre-emption. The matter then went in appeal. The appellate Court set aside the order and remanded the case back to the Deputy Collector, Land Reforms, for fresh decision in accordance, with law. The Deputy Collector, Land Reforms, again by his order dated 27th December, 1971, upheld the claim of pre-emption made by the petitioner. The appeal failed before the Collector. Thereafter the vendees went in revision before the Member, Board of Revenue. The learned Add
















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