The main legal point established in the judgment is that in cases where the vendor, vendee, and pre-emptors are the same, the purchaser cannot set up a claim of having become adjoining raiyat of each and other piece of land purchased on the same day by different sale deeds.

J.N.Singh, J.

1. C.W.J.C. No. 1728 of 2000 was filed by the original pre-emptor against common order of learned Additional Member Board of Revenue passed in Revision Case Nos. 167 and 168 of 1996 allowing the revision applications of the purchaser, setting aside common order of the Additional Collector, Kaimur (Bhabua) passed in Land Ceiling Appeal Nos. 1 and 2 of 1994-95 in favour of the pre-emptor and restoring the common order of the D.C.L.R., Bhabua passed in Ceiling Case Nos. 4 and 5 of 1993-94 dismissing the preemption application of the petitioner. Subsequently, in the light of the office objection with regard to the maintainability of one writ application against common order passed by the learned Additional Member Board of Revenue in two revision cases, the pre-emptor petitioner filed C.W.J.C. No. 3500 of 2006 against the same order passed by the learned Additional Member Board of Revenue in Revision Case No. 168 of 1996. As the said C.W.J.C. No. 3500 of 2006 was in effect against the same order, both the cases have been heard together and are being disposed of by this common order.

2. The original pre-emptor petitioner having died during the pendency of the writ application, his heirs have been substituted as petitioner nos. 1 to 5 to C.W.J.C. No. 1728 of 2000.

3. Facts of the case lie in a narrow compass. Respondent No. 4 purchased two portions of same plot no. 1023 of khata 158 of village Gorasara (Kaimur) from respondent no. 5 by virtue of two sale deeds executed and registered on 12.9.1991. Plot No. 1023 comprised of a total area of 70 decimals, out of which, by the first sale deed the purchaser respondent no. 4 purchased 5 1/3 decimals and by the second sale deed he purchased 18 decimals of land. Thus, by two sale deeds registered on the same day he purchased total area of 23 1/3 decimals of land of plot no. 1023 from respondent no. 5. The pre-emptor petitioner claimed himself to be raiyat of plot no. 899 situated adjoining south to plot no. 1023,. portions of which were vended by respondent no. 5 to respondent no. 4. He also claimed that the eastern portion of plot no. 1023 belonged to his daughter-in-law and adjoining western portion of the same plot belonged to his sister. Thus, pre-emptor petitioner, claiming himself to be adjoining raiyat of the vended portions of plot no. 1023, filed two pre-emption applications on 17.12.1991, namely, pre-emption application no. 4 of 1993-94 and pre-emption application no. 5 of 1993-94 before the D.C.L.R., Bhabua in respect of said two sale deeds. Pre-emptor petitioner also deposited the consideration money together with 10% extra in respect of two sale deeds and also sent registered notices of his application to the respondent purchaser as well as to the vendor.

4. In both the cases, report was submitted by the Anchal Adhikari, finding the claim of the pre-emptor petitioner of being adjoining raiyat as true. It was also mentioned in the report that respondent no. 4 did not have his land adjoining to plot no. 1023. The pre-emption applications were finally heard by learned D.C.L.R., Mohania as the case was transferred to his court after creation of Mohania Sub-Division. Learned D.C.L.R., Mohania, however, dismissed the pre-emption applications by common order dated 9.12.1994 (Annexure-1) on the ground that in an earlier 145 Cr.P.C. proceeding between the vendor respondent no. 5 and the pre-emptor petitioner, the pre-emptor petitioner had accepted that he had no concern with the land and the same belonged to the vendor, namely, Ramanuj Tiwary.

5. The pre-emptor petitioner filed two appeals against the said common order of the D.C.L.R., Mohania rejecting his preemption applications. Both the appeals, namely, Ceiling Appeal Nos. 1 and 2 of 1994-95 were heard together and disposed of by common order dated 28.2.1996, by which the Additional Collector, Kaimur at Bhabua allowed both the appeals of the pre-emptor petitioner and set aside the order of the D.C.L.R., Mohania.