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: