LOKHA SINGH Vs. SURMUKH SINGH

JUDGEMENT

(1.) This judgment will dispose of two appeals, R. S. A. No. 693 of 1948 and R. S. A : No: 728 (?) of 1948.

(2.) Surmukh Singh purchased the land in dispute on the 30th of March 1946, for a sum of Rs. 20,000/-. Ishar Singh defendant No. 2 brought a suit for preemption on the 2nd of January, 1947, and obtained a consent decree on the 6th of January 1947. Lokha Singh and Phumman Singh, on the 24th of April, 1947 brought a suit to pre-empt the sale on the allegation that they were co-sharers in the 'khata' in the land sold and their right to pre-empt was superior to that of the vendee and Isher Singh, the decree-holder. Several issues were framed and the trial Court held that the plaintiffs were not co-sharers but were merely owners in the estate and had an equal right with Ishar Singh, but because Ishar Singh had already obtained a decree in his favour the plaintiffs were not entitled to a share in the land under Section 17 of the Punjab Preemption Act and he therefore dismissed the suit. On appeal Mr. Gurdial Singh, Additional District Judge of Ferozepore, held that under Section 17 of the Punjab Preemption Act both parties were pre-emp-tors and had a right to share equally under Clause (e) of Section 17

(3.) The plaintiffs have come up in appeal and their complaint is that the claim should have been decreed in proportion to the lands held by them and the defendants have come up in appeal and their claim is that as they had already obtained the land by pre-emption the plaintiffs have no right of sharing in the land.