Sachchidanand Jha, J.

1. The dispute in this Letters Patent Appeal relates to the validity of a gift in the context of Sec. 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (in short the Consolidation Act). The dispute has arisen out of orders passed in a proceeding relating to preparation of register of land under Sec. 10 (2) of the Consolidation Act. The appellants had succeeded before the original authority i.e. the Consolidation Officer but lost before the appellate and revisional authorities. He approached this Court for setting aside those orders in the connected case i.e. C.W.J.C. No. 607 of 1985 but without success.

2. From the order of the learned Single Judge it appears that the only point urged before him was that as the notification under Sec. 3 of the Consolidation Act had been rescinded by the State Government with respect to area comprising Improvement Trust or Blocks the question of obtaining sanction under Sec. 5 of the Act did not arise. The learned Judge noticed the notification referred to in support of the contention and observed that perusal of the notification merely shows that the areas falling under the Improvement