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2007 Supreme(Pat) 751

NAVANITI PRASAD SINGH
Vijay Kumar Yadav – Appellant
Versus
State – Respondent


Judgment

1. The petitioner has filed this application against the revisional order of the Board of Revenue by which his pre-emption application, which stood accepted and allowed by D. C. L. R. and Collector has been set aside.

2. The private respondents i.e. purchasers have appeared and filed counter affidavit. Counter affidavit has also been filed by the vendor.

3. Having heard the parties and with their consent this application is being disposed of at the stage of admission itself.

4. The petitioner submits that his step brother, who is the vendor, executed two sale deeds on 27.12.1984 being sale deed No. 10123 in respect of 1.11 acres of land appertaining to plot No. 3495 and sale deed No. 10124 for an area of 1.11 acres appertaining to plot No. 3494. Thus, the total land sold by the vendor to the purchaser was of 2.22 acres by two sale deeds, which were both registered simultaneously. On coming to know of the aforesaid, pre-emption application was filed. Pertinent to note that preemption application was filed in respect of sale deed No. 10123 only on the plea that being the first sale deed in matter of total, the petitioner only wanted to preempt that. His further case was that




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