KARAN SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Substitution of legal representatives of the first respondent is allowed.

(3.) Bhagwan Singh, the respondent had sold 48 canals of land from undivided joint family properties, but in specie to Prithvi, Rattan, Krishan sons of Banwari and Karan Singh son of Sis Ram on June 15, 1978. Admittedly, they were strangers to Bhagwan Singh and were resident of village Malkos. The lands are situated in village Kayala. Though the sale deed was questioned by the wife and children of the respondent, the litigation proved unsuccessful. Prithvi Singh and Krishan have subsequently sold 34 canals 13 marlas purchased from Bhagwan Singh to the appellants. Rattan Singh also has sold 13 Kanals 7 marlas of the said land on May 18, 1982. Bhagwan Singh, thereafter, filed the suit for pre-emption under Punjab Pre-emption Act, 1913. Apart from other pleas, the principal plea was that being co-owner, he is entitled to pre-emption of the land purchased by the appellant. Though, the trial Court dismissed the suit, on appeal, the suit was decreed and the High Court in Second Appeal No. 2671/86 by judgment and order dated October 29, 1986 upheld it. Hence this appeal by special leave.