BHAWANI DASS Vs. KAUSHALYA RANI

JUDGEMENT

(1.) This revision petitioner came to be admitted to a Division Bench by my learned brother, K. S. Tiwana, J. (who is happily now with me) as he felt that a conflict of opinion apparently arising from two single bench decision of this Court in Samir Singh v. Ujagar Singh, 1976 Cur LJ 463 and Gela Ram v. Kailash Nath, (1976) 78 Punj LR 330, need be resolved This is how this Petition has been listed before us.

(2.) The fact giving rise thereto are in a narrow compass. The petitioner instituted a suit for possession by way of pre-emption in respect of a parcel of agricultural land fully detailed in the plaint. As his reliance he appended therewith a copy of the registered sale deed obtained by him for the Office of the Sub-Registrar. The copy provided to him contained only one name of the vendee, being Kaushalya Rani, wife of Radha Krishan, respondent. In defence of the suit, it was averred in the written statement that the plaintiff had omitted to implead the co-vendee of the defendant-respondent, who had purchased half share of the property. On objection raised, the pre-emptor made an application to the Senior Sub Judge, Sirsa, trying the suit, seeking permission to amend the plaint and to add thereto Raj Rani as the second defendant in the suit. This application met with still resistance at the hands of the defendant. The trail Court after considering all aspects of the case chose to dismiss the petition on 26th May, 1980, being of the view that on the date of the application, the suit had become batted by time and a valuable right had accrued to the defendant vendee. Challenge in this petition has been directed against that order.

(3.) During the course of hearing of this petition we felt the necessity of calling for the records. On their arrival, we have perused the case file and in particular the certified copy of the registered sale-deed. It would be worth while to take note of a portion of its recitals. It is mentioned therein that the land was being sold in favour of Kaushalya Rani, wife of Radha Krishan, son of Ram Ditta Mal, resident of Panjuana in equal shares, The sale made was absolute, the possession of land at the spot in Killa numbers (details given) has been given by them to the vendees.