PALA SINGH Vs. SUKHA SINGH

JUDGEMENT

(1.) The short point for decision in the present case is whether a landlord is an heir under Section 59 of the Punjab Tenancy Act and consequently whether he has a right to pre-empt the sale of occupancy rights under the provisions of Section 15 of the Punjab Pre-emption Act.

(2.) The facts of the case are simple and not in dispute. Allah Ditta and Midu who are occupancy tenants under Section 5 of the Punjab Tenancy Act in a plot of land belonging to Pala Singh offered to sell these rights to him under the provisions of Section 53 of the said Act. He omitted to avail of the offer and the rights were accordingly sold to Sukha Singh, Arjan Singh and Atma Singh for a sum of Rs. 3,092/-. About a year later Pala Singh brought a suit for possession by pre-emption on the ground that as he was owner of the land in question his right of pre-emption was superior to that of the vendees who were neither owners nor co-sharers in the Patti in which the land was situate. The trial Court came to the conclusion that the landlord is not ah heir under Section 59 of the Tenancy Act and consequently that he is not entitled to pre-empt a sale under Section 15 of the Punjab Pre-emption Act, This decision was upheld both by the learned District Judge and by a learned Single Judge of this Court. The landlord is dissatisfied with the order and has come to this Court in appeal under Clause 10 of the Letters Patent.

(3.) Although the framers of the Punjab Tenancy Act were anxious to confer valuable rights on tenants who had cultivated lands in their occupation for long periods they were equally anxious to safeguard the interests of landlords and to preserve them from harm at the hands of strangers. It 'was in view of these considerations that Sections 53 to 59 were enacted. Section 53 imposes a statutory obligation on an occupancy tenant who wishes to part with his rights of occupancy to cause a notice of his intention to be served on his landlord and to invite him to purchase the rights at such price as may be fixed by the Revenue Officer. If an offer is made to the landlord and he accepts the offer the sale is complete and the occupancy rights are extinguished. If no offer is made to him and the occupancy, rights are sold to a stranger without his consent the landlord is at liberty to sue for a declaration under Section 60 of the Tenancy Act that the alienation is void and of no effect. If an offer is made to the landlord and he rejects the offer it is obvious that he is precluded by his conduct from having the sale declared null and void.