JINDA RAM Vs. RAM PRAKASH

JUDGEMENT

(1.) Leave granted.

(2.) Heard counsel on both sides.

(3.) This appeal by special leave is directed against the judgment and order dated 18-3-1992 of the High Court of Punjab and Haryana in RSA No. 2342 of 1981. The question that arises for consideration in this appeal is whether a partition effected during the pendency of the appeal affects the right of a person who admittedly a co-sharer at the time of sale of preemption. Brief facts are the following : The appellants are the legal representatives of one Jinda Ram who was the plaintiff and filed a suit for pre-emption for agricultural land measuring 20 kanals 4 marlas as described in the Plaint Schedule. This right of pre-emption was claimed under Section 15(b) fourthly and fifthly of the Punjab Pre-emption Act, 1913 as a co-sharer and also as a tenant. The suit was contested and the trial Court framed as many as 10 issues and found that the plaintiff was a co-sharerinthe joint khewat of the suit land and his preferential right of pre-emption. The claim of the plaintiff that he was a tenant was also found in favour of the plaintiff. Though the plaintiff claimed that the value of the property was only Rs. 6,000/- as against the sale price shown in the document as Rs. 10,500/-, the trial Court did not agree with this contention of the plaintiff. Notwithstanding the finding in favour of the plaintiff with regard to his right of, preemption, the trial Court granted a partial relief only on the ground that out of 8 vendors, six were females and the right of pre-emption was available to the plaintiff only to the extent of 2 male vendors shares and on that finding granted a decree in favour of the plaintiff.