BIBI SALMA KHATOON Versus STATE OF BIHAR AND ORS. LNIND 2001 SC 3585
BIBI SALMA KHATOON Versus STATE OF BIHAR AND ORS. LNIND 2001 SC 3585
PETITIONER:
BIBI SALMA KHATOON
RESPONDENT:
STATE OF BIHAR AND ORS.
BENCH:
SYED SHAH MOHAMMED QUADRI & R.P. SETHI
JUDGMENT:
JUDGMENT
The short question that arises for consideration in this appeal is whether
the application under Section 16(3) of the Act filed by the appellant, is
within limitation.
The land in dispute in this appeal was sold by respondent No. 6 in favour
of respondent No. 5 and the sale deed was registered on January 30, 1988.
The appellant filed the said application for transfer of the land in
dispute in his favour to enforce right of pre-emption before the Land
Reforms Deputy Collector, Khagaria claiming to be an adjoining raiyat, on
30th April, 1988. That application was allowed by the Assistant Collector
on 16th August, 1988. The case went through several vicissitudes and
ultimately, the appeal filed by the 5th respondent was allowed by the
Additional Collector, Khagaria on August 13, 1990. Dissatisfied with the
said order of the Collector the appellant approached the Board of Revenue
in revision but it was dismissed on January 31,1994. The appellant assailed
the correctness of the order dated January 31, 1994 before the High Court
in CWJC No. 3720 of 1994. The learned Single Judge of the High Court of
Patna dismissed the writ petition. He then agitated the matter in Letters
Patent Appeal which was dismissed on September 17, 1997. It is against that
order that the appellant is before us in this appeal. Mr. Abhay Prakash
Sahay, learned counsel appearing for the appellant, contends that the
application under Section 16(3) of the Act was filed within the period of
limitation and that the courts below as well as the High Court erred in
coming to the conclusion that the application was barred by limitation. Mr.
Prem Sunder Jha learned counsel appearing for the 5th respondent contends
that the High Court has rightly held that the application is beyond
limitation and that the other requirements of Section 16 have not been
complied with.
"16(3)(i) When any transfer of land is made after the commencement of this
Act to any person other than a co-sharer or a raiyat of adjoining land, any
co-sharer of the transferor or any raiyat holding land adjoining the land
transferred, shall be entitled, within three months of the date of
registration of the documents of transfer, to make an application before
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the Collector in the prescribed manner for the transfer of the land to him
on the terms and conditions contained in the said deed :
(ii) On such deposit being made the co-sharer or the raiyat shall be
entitled to be put in possession of the land irrespective of the fact that
the application under clause (i) is pending for decision :
If a period of one calendar month includes the last day of February there
must be 29 or 28 days, according as the year is or not a leap year."
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Thus, computed the application filed by the appellant on April 30, 1988 is
within limitation-a period of three months of the date of the registered
sale deed dated January 30, 1988. In this view of the matter, we are unable
to sustain the order under challenge. We set aside the impugned order,
restore the second appeal and remit the case to High Court for disposal in
accordance with law.