GURCHARAN SINGH Vs. HARBANS SINGH (DEAD)

JUDGEMENT

(1.) Appellant-Gurcharan Singh had been the rival pre-emptor in respect of the land sold vide sale deed dated 18.6.1980 by Mahesh Chand, Smt. Lila Devi and Smt.Bimla Devi in favour of defendantrespondent nos. 1 to 3 for a consideration of Rs.32000/-, the other preemptor being Bagga Singh, respondent no.4. While Bagga Singh claimed the right of pre-emption being a co-sharer in the joint khewat, appellant-Gurcharan Singh claimed the said right on the plea of tenancy. Apart from making aforesaid claims for superior right of preemption, they further claimed that the sale was effected for a lesser amount and some fictitious amount was added just to defeat the right of pre-emption.

(2.) The suits brought by appellant-Gurcharan Singh and respondent no.4 were resisted by the vendees as well as by the rival pre-emptors. They were consolidated vide order dated 2.11.1982 and the proceedings thereafter continued in the suit brought by respondent no.4-Bagga Singh.

(3.) After taking the evidence of the parties, learned trial court, vide judgment and decree dated 6.12.1985, dismissed the suit of appellant-Gurcharan Singh because the vendees were co-sharers and the right of a tenant was inferior to that of a co-sharer under section 15 (b) of the Punjab Pre-emption Act,1913 ( for short 'the Act'). The right of respondent no.4- Bagga Singh to pre-empt the sale was found to cover the land measuring 10-2/3 marlas comprised in khewat no.8, khatnoi no. 18 and 19 against defendant-respondents no. 2 and 3, Shingara Singh and Ranjit Singh and his suit to that extent was decreed.