CHAMAN LAL Vs. GULZAR SINGH AND OTHERS

JUDGEMENT

(1.) The appellant-plaintiff has come up in Regular Second Appeal against the judgment and decree of the first appellate Court affirming on appeal those of the trial Judge whereby his suit for possession by pre-emption was dismissed.

(2.) Shrimati Jagir Kaur sold the land in dispute to the respondent/defendants by registered sale deed dated July 7, 1983. The plaintiff sought possession by pre-emption of the land sold on the ground that he was a co-sharer and had a superior right of pre-emption.

(3.) The defendants contested the suit. It was denied that the plaintiff was a co-sharer. It was also pleaded that the sale is made by a female and the same is not pre-emptible under Sec. 15(2) of the Punjab Pre-emption Act (for short 'the Act'). The suit was also resisted on the ground that the suit land fell in municipal limits of Shahbad. The State Government issued a notification dated Oct. 8, 1985, under Sec. (2) of the Act where it was declared that no right of pre-emption would exist in respect of sales of land falling in the area of any municipality in Haryana. In view of the changed circumstances, it was pleaded that even if the plaintiff is proved to be a co-sharer in the land, his right or pre-emption did not survive on the date the suit was to be decided by the trial judge.