AYUB KHAN Vs. DEEP KUMAR CHAWLA

JUDGEMENT

(1.) These appeals by special leave arise from the judgment of the Punjab and Haryana High court dated 14/12/1983 in RSA No. 1703 of 1983 and batch.

(2.) The only question is whether the appellant can claim pre-emption by virtue of the fact that he has purchased the property from the karta of the joint family. Admittedly, one Gopal Krishan Chawla was the karta of the family. Initially, one Sunder Das, father of Gopal Krishan Chawla, agreed to sell the property to the appellant under an agreement of sale, dated 24/5/1965. Ultimately, the suit filed by the appellant was decreed for specific performance, pursuant to which Gopal Krishan Chawla had executed the sale deed on 25/6/1979. Thereafter, the children of Gopal Krishan Chawla and the tenants filed the above suits for pre-emption. The trial court dismissed the suit as against the sons but decreed the suit in favour of the daughters by name - Meeka and Madhu and also in favour of tenants. On appeal, it was confirmed and second appeal was dismissed.

(3.) By operation of Section 10 of the Punjab Pre-emption Act, 1913 (for short "the Act") , in case of a sale by joint owners, no party to such a sale shall be pre-empted to claim a right of pre-emption. It is seen that Gopal Krishan Chawla, being the karta of the joint family had sold the property pursuant to the decree of specific performance. Therefore, the daughters, though may not be coparceners but, being members of the joint family, are bound by the sale made by the karta or the manager of the Hindu joint family. The sale was obviously for family necessity. The courts below, therefore, were not right in granting the decree in favour of Meeka and Madhu.