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1986 Supreme(Pat) 273

S.S.SANDHAWALIA, NAGENDRA PRASAD SINGH
Ram Roop Yadav – Appellant
Versus
State Of Bihar – Respondent


Judgment

N. P. Singh, J.

1. The dispute involved in both the writ applications is in respect of pre-emption of lands transferred by two sale deeds executed by the same respondent in favour of the petitioner The pre-emptor respondents are, however, different. As common questions of law and fact are involved in both the writ applications they were heard together and are disposed of by a common judgment.

2. On 16-12-1978, Mostt. Bhawani Devi-respondent 3rd party executed two sale deeds in respect of riot No.18 and Plot No.22 which are adjacent to each other, of village Romjapur: District Bhagalpur, in favour of the petitioner, for a consideration of Rs, 21.000/. and Rs.20.000/- respeotively. The registration was completed on 13-1-1979. On 28-2-1979, two applications under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the Act) were filed on behalf of respondent Nos.5 to 7 of C. W. J. C. No.1939 of 1980 and respondent Nos.5 and 6 of C. W. J. C. No.1940 of 1980, claiming the transfer of the aforesaid two plots, on the ground that they were holders of lands adjoining to the lands transferred in favour of







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