TIKAM RAM Vs. MANGTU

JUDGEMENT

(1.) This is an appeal under clause 10 of the Letters Patent against the judgment of V. S. Deshpande J. in a second appeal from decree passed by the Senior Subordinate Judge, Kangra at Dharamsala, modifying the decree passed by the trial Court in a suit for possession by pre-emption.

(2.) There is no dispute as to facts. Smt. Phulan Devi and Janki Devi were the owners of land consisting of two fields bearing Khasra Nos. 622-Min (measuring 1 Bigha 9 Biswas) and 662 Min (measuring 4 Bighas 10 Biswas), the whole measuring 5 Bighas 19 Biswas. By a sale deed dated 20-9-1963, they sold two-thirds of the land to one Teekam Ram for Rs. 1,000.00. Mangtu alleging to be a tenant of a part of the field bearing Khasra No. 662- Min (measuring I Bigha 9 Biswas) to the extent of I Bigha 7 Biswas only, field a suit for possession by pre-emption in respect of the entire land sold to Teekarn Ram. The trial Court decreed the suit. On appeal by Teekam Ram, the learned Senior Subordinate Judge modified the decree by limiting the pre-emption to two-thirds' share in the land measuring I Bigha 7 Biswas out of Khasra No. 662-Min measuring I Bigha 9 Biswas on payment of Rs. 260.00 which represents the proportionate sale price.

(3.) Mangtu field a second appeal claiming that he was entitled to pre-empt the whole of the land sold to Teekam Ram. His claim has been allowed by the learned single Judge and the decision has led to the filing of the present appeal by Teekam Ram on a certificate granted by the learned Judge. The appeal thus involves a straight question regarding the extent of the right of pre-emption by tenants under clause fourthly or section 15(l)(c) of the Punjab Pre-emption Act, 1913, as amended by Punjab Act 10 of 1960. Section 15(l)reads:--