JAGATSINGH Vs. JAI DEV

JUDGEMENT

(1.) The point involved in this case is specifically covered by the decision rendered by this Court in AIR 1974 SC 2068 (Amarjit Kaur v. Pritam Singh).

(2.) The action is one for pre-emption and the son of the vendor is the pre-emptor, who is the plaintiff in the trial Court and respondent before us. The vendee, defendant, is the appellant before us. The right of pre-emption has now been taken away by Section 3 of the Punjab Pre-emption (Repeal) Act, 1973. This operates only within the territorial limits of the Punjab State. The result is that the lands covered by the sale deed, in so far as they lie within the State of Punjab, cannot be subjected to the right of pre-emption of the plaintiff. The decree which he has secured in enforcement of such a pre-emption right, must fail and the suit, to the extent to which the lands lie within the State of Punjab, must be dismissed.

(3.) Both sides agree that so far as the lands which lie within the Haryana State - a part of the lands sold is within the Haryana State - will not be affected by the Punjab Pre-emption (Repeal) Act 1973 and that the sale deed so far as that land is concerned, will not stand.