CHAMAN SINGH Vs. JAIKAUR

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of a Division Bench of the Punjab High Court decreeing the suit filed by the respondent for possession of certain land by pre-emption.

(2.) The facts may be shortly stated:Santa Singh was the owner of some land in village Samadh Bhai, tehsil Moga. He died leaving a widow Shrimati Sobhi. He also left a daughter Shrimati Jai Kaur from his other wife. On February 3, 1958 Smt. Sobhi sold 73 kanals 14 marlas of land to the appellants, the sale consideration mentioned in the sale deed being Rs. 8,000/-. Smt. Jai Kaur filed a suit for possession by pre-emption of the land which had been sold by Smt. Sobhi. According to her a consideration of Rs. 4,000/- only had been paid by the vendee. The trial Court decreed the suit in May 1959 granting a decree for possession on payment of Rs. 6,500/- together with costs. The Second Additional Judge to whom an appeal was taken dismissed it. In the High Court the learned Single Judge took the view that Smt. Jai Kaur not being the daughter of the vendor Smt. Sobhi had no right of pre-emption under Section 15 (2) of the Punjab Pre-emption Act 1913 as amended by the Punjab Pre-emption Amendment Act, 1960. The suit was dismissed. Smt. Jai Kaur filed an appeal under Clause 10 of the Letters Patent of the High Court. Relying on an amendment made by the Punjab Pre-emption Amendment Act, 1964 in the first paragraph of clause (b) of sub-section (2) of Section 15 of the Punjab Pre-emption Act, hereinafter called the Act, the Division Bench reversed the judgment of the Single Judge and decreed the plaintiff's suit.

(3.) The relevant provisions of the statue may now be noticed together with the amendments made in 1960 and 1964. Section 15 of the Act was substituted by Section 4 of the Amendment Act, 1960. According to the substituted section the right of pre-emption in respect of agricultural land and village immoveable property shall vest thus: