MANGTU Vs. TIKARN RAM

JUDGEMENT

(1.) This appeal involves a question of first impression regarding the extent of the right of pre- emption by tenants un.der the fourth clause of Section 15(l)(c) of the Punjab Pre-emption Act, 1913, as amended in 1960 (hereinafter called the Act).

(2.) The land in suit consists of two-thirds share in khasra No. 662 min (I bigha 9 biswas) and 662 min (4 bighas 10 biswas) measuring 5 bighas and 19 biswas. It was sold by Shrimati Phoolan Devi and Shri- mati Janki Devi, respondents 2 and 3, to Teekarn Ram, respondent 1. The appellant Mangtoo was a tenant of a part of khasra No. 662 min (I bigha 9 biswas) to the extent of I bigha and 7 biswas only. He is not a tenant in respect of the remaining land sold. He claimed to pre empt the whole of the sale and his claim was decreed by the trial Court. Thr lower appellate Court, however, modified the decree by limitg the precmption to two-third's share in the land measuring I bigha 7 biswas out of khasra No. 662 rain measuring 1 bigha 9 biswas, on a payment of Rs.260.00 , which is the proportionate sale price. The tenant Mangtoo has come up in appeal claiming that he is entitled to the pre-emption of the whole of the land sold.

(3.) Learned counsel on both sides confined their arguments to the construction of Section 15(1 )(c) fourthly which runs as follows :-