Giriwar Rai and Another vs Chinta Devi and Others

All the three appeals are connected matter, as such they have been heard together and are being disposed of by this common order.

The preemptors are the Appellants against the order dated 13th October, 1999 passed by learned Single Judge remanding the matter to the D.C.L.R. Saran at Chapra, Respondent No. 5 for fresh consideration in the light of the directions made in the said order. The Respondents 3rd party in all the writ applications were admittedly owners of the lands and they sold the lands to the Respondents 2nd party in the writ application being part of the land of Plot Nos. 14 and 15 situate in village Misrauli Hirnibagh in the district of Saran by three registered sale deeds. The pre-emptor/Appellants filed an application u/s 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) claiming that they have land on the northern boundary of the transferred land. The preemptors/Appellants lost before the D.C.L.R., Saran at Chapra, Respondent No. 5 but the appeal filed by them was allowed before the appellate authority against that revision was filed which was dismissed. Thereafter, the purchaser filed writ application out of which the three appeals arise.

The question in controversy in these appeals is very limited one. According to the preemptors/Appellants they have lands on the northern boundary of the land purchased by the Respondents whereas according to the purchasers in between the land purchased by them and the land of the pre-emptors being plot Nos. 8 and 9 there are two kathas of land of the vendor still remained. In other words, according to the purchasers the pre-emptors are not on the boundary of the transferred land.

The learned Single Judge having found that there is no definite finding on the said point remanded the matter on the ground that it is necessary to hold inquiry as to whether the pre-emptors are on the boundary of the transferred land or not. Apart from the fact that these appeals arise out of a matter of remand on facts also we find that the view taken by the learned Single Judge is fully justified in the facts and circumstances of the case.

It is made clear that only question that has to be considered by the authority as to whether the pre-emptors are on the boundary of the transferred land or not. If they are not on the boundary of the transferred land, their claim cannot be allowed.

In the result, there is no merit in these appeals and the same are dismissed.