TMI Blog2001 (8) TMI 1380X X X X Extracts X X X X X X X X Extracts X X X X ..... his 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. Dissati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of registration of the documents of transfer, to make an application before the Collector in the prescribed manner for the transfer of the land to him on the terms and conditions contained in the said deed : Provided that no such application shall be entertained by the collector unless the purchase-money together with a sum equal to ten per cent thereof is deposited in the prescribed manner within the said period. (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 : Provided that where the application is rejected, the co-sharer or the raiyat, as the case may be, shall be evicted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iii) prescribe the procedure to be followed on compliance of requirements of clause (i). Here we are concerned with compliance of requirement of making application within the prescribed period of three months. The question arises, what is meant by the word 'month'. Sub-section (34) of Section 4 of the Bihar and Orissa General Clauses Act, 1917 defines the word 'month' to mean a month reckoned according to the British Calendar. This means Gregorian Calender- January, February...........etc. Mr. Jha has drawn our attention to Section 11 of the said Act of 1917 to point out that when word 'from' is used the first in the series of days or any other period of time has to be excluded and when the word 'to' is us ..... X X X X Extracts X X X X X X X X Extracts X X X X
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