MADHO SINGH Vs. MUKHTIAR SINGH AND ANOTHER

JUDGEMENT

(1.) THE only point for decision in this regular second appeal filed by the vendee in a pre -emption case is whether the plaintiff -pre -emptor who was the vendor's son could be taken to have waived his statutory right to pre -empt the sale.

(2.) THE alleged waiver is not evidenced in this case by the execution or attestation of any writing by the plaintiff. A son living with his father could be presumed to have prior knowledge about his father's intention of selling immovable property and if this knowledge alone were to deprive him of the right, the statute could simply say that the son living with his father would have no such right of pre -emption. I also agree with the learned Court of first appeal that it was not necessary for the vendor's son to serve any notice on his father or the prospective buyer not to sell or purchase the property. This statutory right has gained such notoriety that all intending buyers can be taken to have constructive notice of its existence in the States in which the Punjab Pre -emption Act, 1913 is in force.