S.S.SANDHAWALIA, J.

1. Whether the tenuous right of statutory pre-emption under S.16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 would be defeated by a valid gift by the original transferee even before it matures by the registration of the document of transfer, is the significant question arising in this reference to the Division Bench.

2. The facts lie in a narrow compass. The land in dispute was jointly sold by Srimati Laxmi Devi and Sri Ramakant Jha respectively by the sale deed dt. 25th May, 1974 in favour of Mansukh Das, respondent 4. It is common ground that this sale deed was completed by the entry in the registration book on the 17th July, 1974. However, meanwhile after five days of the execution of the sale deed the said respondent executed a deed of gift in favour of his two sons - Bhuvaneshwar Das alias Bhonu Das and Bathu Das - on the 30th May, 1974. This gift deed was duly registered and thus completed on the 27th July, 1974. It was after nearly six weeks therefrom that on the 9th Sept., 1974 the petitioners presented the application for pre-emption under S.16(3) of the Act. It was their claim that the gift