The word 'transfer' as used in section 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, as it stood prior to the amendment of the Act by Act 27 of 1975, includes a gift.

Birendra Prasad Sinha, J.

Whether the word "transfer" used in section 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act) as it stood prior to the amendment of the Act by Act 27 of 1975 includes a gift, is the main question raised in this writ application.

2. Prior to its amendment section 5 stood as under:

"5. Land not to be transferred without sanction:-During the period commencing from the date of the publication of the notification under section 3 to the date when the scheme of consolidation comes into operation in any notified area, no person shall transfer or partition any land in such area, except with the previous sanction of the Consolidation Officer, and, if the sanction is granted, the transfer or partition, as the case may be, shall be subject to the rights and liabilities attached to the land under the scheme of consolation in respect of' such area."

This section was amended by Act 27 of 1975 and the following was substituted in place of the old section:-

"5. No. transfer without sanctions :-(1) After the date of publication of preparation of register of lands and statement of principles under sub-section (1) of section 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."

From the above it is apparent that in place of words "transfer" or "partition" the words "transfer" any land in the notified area by way of sale "gift, exchange or partition" were inserted.

3. Contention of the learned counsel for the petitioners is that even though the words "sale, gift and exchange" were not mentioned in the section prior to its amendment the word "transfer" included in its ambit the words "sale, gift or exchange" which are the several modes of transfer.

4. It may be necessary here to state some facts for appreciating the submission made above. One Ram Kishun Singh had three sons namely, Gharbharan Singh, Ganga Singh and Sheodayal Singh, Gharbharan Singh died long time back leaving two sons, namely, Baldeo Singh and Hulas Singh who are petitioner nos. 2 and 3. Petitioner no. 1 Bhaiya Ram Singh is a subsequent purchaser from Sheodayal Shigh, Ganga Singh died issueless Sheodayal Singh who died on 15.9.1975 had two daughters, namely, Sonia Devi and Mossomat Buchania, respondents 4 and 5. Record of rights were prepared and finally published sometimes in 1971 recording half share in the name of petitioners 2 and 3 and half in the name of Sheodayal Singh. On account of certain family arrangements and the type of land 1.41 acres were recorded in the names of petitioners 2 and 3 and 3.24 acres in the name of Sheodayal Singh. Consolidation proceedings under the Act were started sometimes in the year 1973 and the notice under section 10 (1) of the Act was published on 30.8.1983. On 27.12.1974 Sheodayal Singh executed a deed of gift in favour of his two daughters-1.67 1/2 acres in favour of respondent no. 4 and 1.41 1/4 acres in favour of respondent no. 5. This was admittedly without taking any permission from the consolidation authorities. Sheodayal Singh revoked this deed of gift on 13.1.1975 and again by a registered document executed a deed of gift in favour of respondent no.6 son of petitioner no. 3 Hulash Singh in respect of 88½ acres of land and the house. This was also admittedly without taking any permission from the consolidation authorities. On 16.7.1975 it appears that Sheodayal Singh transferred 82 acres of land in favour of petitioner no. 1 after asking permission of the consolidation authorities. Respondent Consolidation Officer by an ORDER :dated 19-4-1976 accepted the deed of gift and ORDER :ed for correction of the entries in favour