JANGLI Vs. BHAGWATI

JUDGEMENT

(1.) This appeal by special leave arises from the judgment and decree dated 11/4/1979 of the High court of Punjab and Haryana passed in RSA No. 532 of 1979, dismissing the second appeal in limine. The controversy relates to land, measuring 48 kanals 7 marlas situated in Khewats Nos. 31 and 32 in Faridpur Village. The land originally belonged to Smt Ajudhia, the ninth respondent. The appellant claimed to be a tenant under her. She admittedly suffered money decree in Suit No. 377 of 1966 filed by Respondents 1 to 3 against her. Pending suit, the plaintiff, got an order of attachment before judgment under Order 38 Rule 5, Civil Procedure Code by which the lands were encumbered for the realisation of the decree, if ultimately passed.

(2.) The suit was decreed on 20/3/1968. In execution of the decree, the said properties were brought to sale in which Kuldip Singh. the eleventh respondent, became the auction-purchaser on 15/2/1976 for a sum of Rs. 26,500. 00. The sale was confirmed on 21/3/1978.

(3.) In the meanwhile, one Prabhu Dayal entered into an agreement of sale of the said land with Smt Ajudhia on 30/1/1966 and he laid the suit for specific performance and the suit was decreed on 18/10/1968 and in execution thereof he had a sale deed in his favour which was registered on 18/10/1968. The appellant filed a suit against Prabhu Dayal and Smt Ajudhia for pre-emption under the Punjab Pre-emption Act, 1918 claiming preferential right as a tenant and had a decree on 26/5/1970.