H.L. AGRAWAL, J

1. This application arises out of a proceeding for pre–emption started under section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, (for short 'the Ceiling Act'). The purchasers are the petitioners. They purchased 27.05 acres of land from one Sakoor Sah (Respondent No.5) appertaining to plot nos. 1309, 929 and 732 of Khata No. 267 through a registered deed of sale dated 6.1.1975.

2. Respondent No.4 Chhotan Sah then filed the application of pre–emption against the petitioners on the ground that he was a cosharer of the vendor as well as a raiyat of the adjoining lands. The claim of being a cosharer is on the basis of his being the descendent of the common ancestor Bhattu Sah and thus being a member of the same Mohammedan family. He claimed to be an adjoining raiyat on the basis of an oral gift alleged to be made by his father, supported by an affidavit of his father Ramzani.

3. The defence of the petitioners was that (1) the pre–emptor being a Mohammedan had no interest in the property of his father during his life time and therefore, he could not be said to be a cosharer and (2) the affidavit filed by father of