BASUDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present L.P.A. arises out of a common order dated 31.10.2007 passed in CWJC Nos. 14709 of 2005 by which the writ petition was disposed of along with CWJC No. 14755 of 2005 wherein the petitioner and the respondent were the same and a similar question had been raised. These writ petitions had been filed at the instance of the purchaser who is Respondent No. 7 in the instant L.P.A. The appellant is the pre-emptor who was impleaded as Respondent No. 5 in the writ petition. The brief facts leading up to the present appeal may be narrated hereinafter.

(2.) The land in question relates to R.S. Khata No. 130, Plot No. 538 measuring an area of 22 decimals situated at Village-Khantia, P.S.-Dinara, District-Rohtas which was purchased by Respondent No. 7 vide registered sale deed No. 7776 dated 10.11.2000 for a consideration of Rs. 30,000/-.

(3.) It transpires that on the very same day the Respondent No. 7 purchased another contiguous piece of land measuring 26 decimals by a separate registered sale deed No. 7786, being the subject matter of CWJC No. 14755 of 2005.