BHAGWAN DAS Vs. CHET RAM

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Punjab and Haryana High Court.

(2.) In December 1966 Labhu Ram who was the owner of the land in dispute sold the same in two lots to Bhagwan Das (deceased) now represented by his legal representatives and others. The lands mentioned in cls. (a) and (b) of the title of the plaint in the suit out of which the present appeal has arisen were sold for Rs. 20,000 and Rs. 1,000/respectively. The respondent Chet Ram was a tenant-at will of the lands covered by the sales. Bhagwan Das and others filed a suit against Chet Ram in the revenue Court for ejectment under Section 14-A (i) read with Section 9 (1) of the Punjab Security of Land Tenures Act 1953 which was decreed on July 31, 1967. On August 31, 1968, Bhagwan Das and others entered into possession of the aforesaid lands after evicting Chet Ram by virtue of the decree for eviction obtained against him.

(3.) After his eviction Chet Ram the present respondent filed a suit for possession of the lands which were the subject matter of sale by pre-emption under Section 15 (1) (a) Fourthly of the Punjab Pre-emption Act, 1913, (Punjab Act 1 of 1913) , hereinafter called the 'Act'. By that provision the right of pre-emption has been declared to vest in the tenant who holds under tenancy of the vendor the land or property sold or a part thereof. It was admitted before the trial Court that the respondent was a tenant before July 31, 1967 and that before the institution of the pre-emption suit his tenancy had been determined. The trial Court dismissed the suit. On appeal the learned Additional District Judge, in view of certain decisions of the Punjab High Court, allowed the appeal and decreed the suit. The Judgment was upheld in second appeal by the High Court.