TIKKA RAM Vs. KARTARA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23.4.2004 of the High Court of Punjab & Haryana at Chandigarh in R.S.A. No. 2709 of 1984 whereby the High Court allowed the appeal filed by respondent Nos. 1 & 2 herein. Brief facts:

(2.) Smt. Kishni - Defendant No.1/vendor (Respondent No.3 herein) sold the land measuring 40 Kanals situated in village Gudha, Tehsil and Dist. Karnal by executing registered sale deed in favour of Kartara - vendee/defendant No.2 (respondent No.1 herein) and Surta - defendant No.3 (respondent No.2 herein), for a sale consideration of Rs.67,000/-. Tikka Ram and Sewa Ram, appellants herein, claimed themselves to be tenants under the vendor for the last about 12-13 years over the suit land and challenged the sale thereof in favour of defendant Nos. 2 & 3 by filing suit for pre-emption claiming their superior right to purchase the suit property. In the suit, Smt. Kishni, Kartara and Surta were arrayed as defendants. Kartara and Surta, respondents 1 & 2 herein, contested the suit on the ground that the sale has been effected by a female and, therefore, is not pre-emptible under Section 15(2) of the Punjab Pre-emption Act. On 22.1.1983, the sub-Judge Ist Class, Karnal dismissed the suit. Aggrieved thereby, the plaintiffs/pre-emptors filed Civil Appeal No. 33/13 of 1983 in the Court of Additional District Judge, Karnal. By order dated 22.9.1984, the first appellate Court allowed the appeal and reversed the judgment and decree dated 22.1.1983 of the sub- Judge, First Class, Karnal. Against the said order, the Vendees/respondent Nos. 1 & 2 herein filed R.S.A. No. 2709 of 1984 in the High Court. The High Court, by order dated 23.4.2004, allowed the appeal and set aside the order dated 22.9.1984 passed by the Additional District Judge, Karnal. Questioning the said order, the plaintiffs/pre-emptors have filed this appeal by way of special leave.

(3.) This appeal is directed against the judgment and order dated 23.4.2004 of the High Court of Punjab and Haryana at Chandigarh in R.S.A. No. 2710 of 1984 whereby the High Court allowed the appeal filed by the vendees/respondents herein.