SATYA BRATA SANYAL, UDAY SINHA
Basudeo Rai – Appellant
Versus
Altan Rai – Respondent
SATYA BRATA SANYAL, J.
1. Whether oral sale is reckonable under the provision of Sec.16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) is the question, which falls for decision in these two writ petitions. These two writ petitions have come up before this bench on reference by single Judge. As the point is common to both the writ petitions, this judgment will govern and dispose of the cases.
2. The point being short, I shall narrate only those facts, which are germane for this purpose. The petitioners are purchasers. By two sale deeds dated 14-4-1971, 12 Kathas and 1 Katha 15 dhoors, out of the survey plot No. 1433 C.S.appertaing to Khata No. 337, Village-Sivaisinghpur, P.S.Mohiudhinagar, District-Samastipur, were acquired by the petitioners. The sale deeds were registered under the Registration Act on 5-5-1971. On 2-6-1971, two applications under Sec.16 (3) of the Act were filed by respondents bearing Ceiling Case No. 9 of 1971 (12 Kathas) and Ceiling Case No. 10 of 1971 (1 Katha 15 dhoors). The said claim was on the basis of being adjacent raiyat of cadastral survey plot No. 1432. The pet
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