JAI SINGH Vs. GURMEJ SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court dismissing Second Appeal filed by the appellant in terms of Section 100 of the Code of Civil Procedure, 1908 (in short the CPC). The basic question considered by the High Court was whether sale of a specific portion of a land described by particular Khasra numbers by a co-owner out of the joint Khewat would be a sale of shares out of the joint land or whether the vendees become co-owners with other co-sharers in the joint land, in the event of their becoming co-owners, the sale is pre-emptible under Section 15(1)(b) of Punjab Pre-emption Act, 1913 (in short the Act).

(3.) Background facts essentially are as follows : Vendor (Bhartu) sold the land measuring 20 kanals, being 400/3723 share out of the total land measuring 186 kanals 3 marlas vide registered sale deed dated 11.4.1990 to the appellants for a consideration of Rs. 1,80,000/-. Gurmej Singh-respondent filed a suit for possession by way of pre-emption, wherein it was pleaded that the vendor had sold the land measuring 20 kanals out of the joint Khewat. According to him being the co-sharer he has a right to pre-empt the sale under Section 15(1)(b) of the Act. The said suit was contested by the vendees stating that the pre-emptor had no superior right of pre-emption. Firstly, the Khewat containing the suit land had been partitioned between various co-sharers much prior to the sale through an oral partition, and secondly the sale was out of the defined share of the vendor. On the basis of the pleading of the parties various issues were framed. But only two issues were contested before the trial Court which are to the following effect :