Untwalia, J. - A piece of homestead land, the area of which is 10 dhurs and comprised in plot no. 3639, admittedly belonged to Sheo Shankar Pandey, respondent no. 2 of this writ application. He executed a kebala in respect of the said land on the 4th of October, 1966 in favour of Ganesh Pd. the petitioner, and registered it on the 19th December, 1966; the consideration money in the kebala was Rs. 200/-. On the 29th of December, 1966 Jugeshwar Tewari, respondent no. 1, filed an application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962) hereinafter called the Act. In the petition, a copy of which is Annexure 1 to writ application and which was in Form L-C 13 as prescribed by Rule 19 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963, the fact stated was that Jugeshwar Tewari was the Raiyat of the land adjoining the land of the raiyat Sheo Shankar Pandey, the land which was transferred by the sale deed aforesaid to the petitioner. In Schedule 1 the description of land transferred given was that it was 'homestead'. No further statement was m