BABU RAM Vs. PREM SINGH

JUDGEMENT

(1.) The short question that arises for consideration in this appeal directed against the judgment and decree of the Punjab and Haryana High court is, if a suit for pre-emption is liable to be dismissed if the vendee-defendant improves his status as provided in the Punjab Pre-emption Act,

(2.) Amar Singh and Kehar Singh were admittedly co-sharers. In 1976, plaintiff-respondent purchased share of Amar Singh and became a co-sharer. Kehar Singh died in 1977. His share was purchased from his successor by the defendant-appellant in 1981. Soon thereafter suit was filed by the respondent claiming that he being a co-sharer had a preferential right to purchase the land. The suit was decreed, except for a part of the land as it was found that it was reclaimed by the appellant and he had improved his status. The decree was affirmed by the first appellate court and the High court.

(3.) On the finding that a portion of the land has been reclaimed, which finding has become final, the learned counsel for the appellant urged that the effect of reclaiming was that the appellant improved his status and since there was no partition or division he should be deemed to have improved his status for the entire land and the suit for pre-emption was liable to be dismissed. It is notnecessary to decide this question as it is not disputed that if reclamation had been done after filing of the suit it would not affect its maintainability. The High court and the first appellate court have found it is a fact that the reclamation was done after January 1982 that is after the suit was filed. The submission in view of these findings which could not be assailed is devoid of any merit.