MUNSHI SINGH Vs. SOHAN BAI

JUDGEMENT

(1.) THESE appeals arise out of the judgment of Punjab and Haryana High Court dated 21-9-1984 in Regular Second Appeal Nos. 1716/78 and 1698/78 wherein the learned Judge dismissed the two second appeals and maintained the judgment of the appellate court i.e. Additional District Judge granting a decree for half share of the property each in favour of Smt. Pan Bai and Smt. Sohan Bai, the two daughters of deceased Smt. Mam Kaur.

(2.) IN order to clearly understand the facts the pedigree of the family would be relevant : <IMG>JUDGEMENT_265_2_1989Image1.jpg</IMG>

(3.) ON 4/06/1963 Smt. Mam Kaur sold away the entire lands to Ranjit Singh and his brothers for an amount of Rs. 50,000.00 . Thereafter to claim-pre-emption a suit was filed by Smt. Pan Bai and the other suit was filed by Munshi Singh and his five brothers on the ground that as reversioners they have a superior right to pre-emption. In these pre-emption matters ultimately the Court held that Smt. Pan Bai had a superior right as compared to Munshi Singh and his brothers and therefore an earlier date was given to Smt. Pan Bai to deposit the sale amount and seek pre-emption failing which her suit was to be dismissed and a later date was given to Munshi Singh and his brothers to deposit the sale amount and opt for pre-emption. Similar condition of dismissal of the suit for failure of depositing the amount was imposed So far as Smt. Pan Bai is concerned she did riot deposit the amount and therefore her suit for pre-emption was dismissed where as Munshi Singh and others deposited the amount and obtained a decree of pre-emption which was executed and they obtained possession and in this manner they stood substituted in the sale.