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1968 Supreme(Pat) 53

R.L.NARASIMHAM, B.N.JHA
HIRALAL AGRAWAL – Appellant
Versus
RAMPADARATH SINGH – Respondent


Advocates Appeared:
Messrs Kailash Roy, Basudeva Prasad, Shilesh Chandra Misra, Vashistha Narayan Chaudhary and Lalit bihari Sihna for the Petitioner;
Messrs Lal Narain Sinha, Bala-bhadra Prasad Singh, Shreenath Singh, Lakshman Saran Sinha, Nagendra Prasad Singh No.1 and Umesh Prasad Singh for the Opp. Party.

JUDGMENT

Narasimham, C.J.

This is an application under Article 226 of the Constitution to quash the order of the Additional Member, Board of Revenue, dated the 27th February, 1967 (Annexure C), setting aside the orders of the Collector of Patna and of the Commissioner in Appeal, and dismissing the petitioners' application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act).

2. One Premawati Devi alias Munna Bibi (opposite party no. 2) sold 2.62 acres of land to Shri Rampadarath Singh (opposite party no. 1) by executing a sale-deed on the 9th October, 1964, for a sum of Rs. 2,000/-. The document was in due course, presented for registration, and execution was also admitted before the Sub-Registrar; but before the process of registration could be completed by the Sub-Registrar by endorsing the necessary certificate on the document under Section 60(1) of the Indian Registration Act 1908, and the copying out of the endorsement and the certificate in the relevant registrar under Section 61 (1) the petitioner obtained a certified copy of the sale-deed on the 14th November, 1964. On the 28th



























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