GURDEV KAUR Vs. CHANAN KAUR

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent must succeed in view of the decision of the Supreme Court in Hazari v. Neki, AIR 1968 SC 1205.

(2.) A suit for pre-emption was filed by Avtar Singh to pre-empt the sale made by his father Jagat Singh. During the pendency of the suit Avtar Singh died. His widow, his mothers and his three daughters, who are his next heirs under the Hindu Succession Act made an application to be impleaded as his legal representatives, so that they could continue the suit. This application was rejected by the trial Court and the suit was dismissed. The legal representatives then preferred an appeal against the order of the trial Court, and the lower appellate Court directed them to obtain letters of a administration to the estate of the deceased and then proceed with the suit. The letters of administration having been obtained, the case was remanded by the lower appellate Court for decision on merits. Against the order of remand by the lower appellate Court a second appeal was preferred by the vendees had been murdered in the meantime and his legal representatives are now on the record.

(3.) THE learned Single Judge took the view that the right of pre-emption was a purely personal right and, therefore, the suit for pre-emption could not be proceeded with by the legal representatives. In this view of the matter he allowed the appeal and dismissed the plaintiff's suit. On a certificate having been given by him, the present appeal under clause 10 of the Letters Patent has been preferred.