SHANTI DEVI Vs. BIMLA DEVI

JUDGEMENT

(1.) Special leave granted. The appeal is also disposed of after hearing both counsel as it involves a very short question.

(2.) The appellant purchased certain land in village Barara, District Ambala, from one Smt. Diwan Devi by a registered sale deed on 23-8-1979. The respondent, the daughter of the vendor and a co-sharer with her in respect of the land in question filed a suit in the court of learned Sub-Judge, Ambala City for possession. She claimed that she was entitled to pre-emption in respect of the land in question. This claim of pre-emption was accepted by the learned Sub-Judge and this (was) confirmed on appeal by the learned Additional District Judge and the High Court.

(3.) The contention of the petitioner in the Special Leave Petition is that the suit land, though originally rural immovable property has become non- agricultural urban immovable property by reason of a notification of the State Government dated 16-4-1981 and that the respondent is not entitled to rights of pre-emption in respect thereof. It was submitted that the courts should have taken judicial notice of the notification and dismissed the respondent's claim for pre-emption.