PREMA Vs. SURAT SINGH

JUDGEMENT

(1.) These two appeals arise from a common judgment of the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal Nos. 2178 of 1989 and 2178-A of 1989 passed on August 18, 1993.

(2.) The controversy in these appeals relates to the scope of defence of improvement made in the status in a suit seeking enforcement of the right of pre-emption under the Punjab Pre-emption Act, 1913 (hereinafter referred to as the Act).

(3.) The appellant was the defendant-vendee in the suit for pre-emption filed by the respondent-plaintiff. On 4th September, 1984, the appellant purchased one-fourth share in the agricultural lands from one Jangli who was a co-owner along with his brothers, Jai Narain and the respondent-plaintiff (hereinafter referred to as the first sale). On October 15, 1984, the appellant purchased one-eighth share of Jai Narain in the said lands (hereinafter referred to as the second sale). While so, the respondent filed Suit No. 129 of 1986 claiming right of pre-emption in respect of the land covered by the first sale in the Court of Sub-Judge, IInd Class, Gurgaon, on September 3, 1985 (hereinafter referred to as the first suit). The respondent brought another suit for pre-emption in respect of the land covered by the second sale on 15th October, 1985, being Suit No. 124 of 1986 in the Court of the Sub-Judge, IInd Class, Gurgaon (hereinafter referred to as the second suit). The defence of the appellant was that even before the first suit was filed, he had become the co-owner and had, thus, improved his status equal to that of the respondent and as such, the suit could not be decreed against him. That submission was based on Section 21-A of the Act. The respondent filed an application under Section 28-A of the Act seeking stay of the second suit. The application was dismissed by the trial Court on 31st January, 1987. Against that order, he filed a revision petition before the High Court of Punjab and Haryana, which was also dismissed, on 3rd October, 1988, with the observation that both the suits be tried together.