1. This reference arises out of a claim made by the petitioner on the strength of an oral purchase of a very small piece of land measuring 2 dhurs (0.0104 Acres), the value whereof is stated to be less than Rs.100/-, for resisting a counter claim of preemption.

2. The transaction of land in terms of Section 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 read with Section 54 of the Transfer of Property Act, 1882 and Section 18 of the Registration Act, 1908 are the relevant provisions on the strength whereof the correctness of a Division Bench judgment in the case of Basudeo Rai & Ors. vs. Altan Rai & Ors. reported in, (1984) BBCJ 302 has been doubted.

3. The petitioner claims his right under an oral purchase in relation to a small piece of land for a sum of Rs.90/- only. The question is as to whether such an oral sale could be ignored under the provisions of 1961 Act which is a transaction not being a registered document as the sale consideration is less than Rs.100/-.

4. The Division Bench in the case of Basudeo Rai (supra) held that no transfer by way of sale could be taken cognizance of under the 1961 Act unless such tran