Barin Ghosh and Navaniti Pd.Singh JJ.

1. in order to construe Sec. 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 one must take note of the said section as contained in its entirety. The same is as follows:

"5. No transfer without sanction. (1) After the date of publication of preparation of register of lands and statement of principles under sub-section (1) of Sec. 10 no person shall transfer any land in the notified area by way of sale, gift, exchange, or partition without the previous sanction of the Consolidation Officer and if the sanction is granted, such transfer or partition, as the case may be, shall be, subject to the rights and liabilities attached to the land under the scheme of Consolidation prepared with respect to that area.

(2) The provisions of sub-section (1) shall take effect from the date of Notification under sub-sec. 1 section 3 has been issued."

2. As provided in the said section while the transfer of any land is barred after the date of publication of preparation of register of land and statement of principles under sub-section (1) of Sec. 10 of the Act without the previous sanction of the Consolidation Officer, bu