Pre-emption limitation under Bihar land law turns on calendar-month computation and exclusion of the registration date.

The right of pre-emption under Section 16(3) of the Bihar Land Reforms Act, 1961 had to be exercised by filing an application before the Collector within three calendar months from the date of registration of the transfer deed. In computing that period, the date of registration was to be excluded. Applying that rule, an application filed on 30 April 1988 after registration on 30 January 1988 was within limitation, so rejection of the claim as time-barred was unsustainable.

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Issues: Whether the application for pre-emption under Section 16(3) of the Bihar Land Reforms Act, 1961 was filed within the prescribed period of three months, and how that period was to be computed.

Analysis: The right of pre-emption under Section 16(3) had to be exercised by making an application before the Collector within three months from the date of registration of the transfer deed. The expression "month" was to be understood as a calendar month under the Bihar and Orissa General Clauses Act, 1917. In computing the period, the date of registration was required to be excluded, and the application filed on 30 April 1988 after registration on 30 January 1988 fell within the statutory period.

Conclusion: The application was within limitation, and the rejection of the claim on that ground was unsustainable.

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