GULRAJ SINGH Vs. MOTA SINGH

JUDGEMENT

(1.) Do the words "son or daughter of such female" occurring in S. 15 (2) (b) of the Punjab Pre-emption Act, 1913 as amended by Act X of 1960 include an illegitimate son or illegitimate daughter of such female is the only question that arises in this appeal by special leave.

(2.) The appellants are the illegitimate son and daughter of one Sardarni Prem Prakash Kaur. By a registered deed of sale dated December 1, 1956 the said lady sold 18 bighas, 1 biswas and 5 1/2 biswansis of agricultural land for a sum of Rs. 10,000/- to the respondents. The appellants filed a suit to pre-empt this sale. There was some dispute about the consideration actually paid but we are not now concerned with it. Both the trial court as well as the District Court on appeal granted to the appellants a decree for pre-emption, though to a limited extent. The respondents filed a second appeal to the High Court and the learned Judges, by the judgment now under appeal, directed the dismissal of the suit on the ground that the appellants were not comprehended within the class of persons who were entitled to pre-emption under S. 15 (2) (b) of the Punjab Pre-emption Act as it now stands under the amendment effected by Act X of 1960. It is from this judgment that, by special leave, the present appeal has been brought.

(3.) Mr. Bishan Narain, learned Counsel for the appellants submitted to us that the provision in S. 15 of the Pre-emption Act must be read in conjunction with the Hindu Succession Act, 1956 which made provision for the devolution of property belonging to a female owner and that as under the latter enactment illegitimate children of a Hindu female were entitled to succeed to her property, it must be held that when the Punjab legislature used in 1960 the expression 'son or daughter' it meant a son or a daughter who would be entitled to succeed as an heir of a Hindu female. We are unable to accept this submission of learned Counsel. Section 15 whose construction calls for consideration reads as follows: