JAI SINGH Vs. MOHINDER SINGH, ETC.

JUDGEMENT

(1.) ON 29th December, 1965, Ranga Singh sold agricultural land, measuring 11 Kanals 1 Maria, along with right of khal water and right of way (Arazi Maye Haq Pani Khal wa Raah) situate in village Gandhu Khurd, District Bhantinda, for Rs. 3,000 to Mohinder Singh. This sale was pre -empted by Jai Singh on the ground that he was the brother of the vendor. The plea of the vendee was that the suit was for partial pre -emption, because the Plaintiff had not mentioned the right of khal water and right of way in the plaint and the same was, therefore, liable to be dismissed on that ground alone.

(2.) ONE of the issues framed in the case was whether the suit was for partial pre -emption and its effect.

(3.) WHEN the matter came up in appeal before the learned Additional District Judge, Bhatinda, the Plaintiff moved an application under Order 6 Rule 17, Code of Civil Procedure, seeking amendment of the plaint by including the claim to the right of way and water in the land, which were also sold along with the agricultural land in dispute. This application was contested by the vendee, whose case was that the application should not be allowed at that stage as a valuable right had accrued to him in the meantime. The learned Additional District Judge came to the conclusion that the omission on the part of the Plaintiff to include this claim in the suit was through inadvertence and not intentional. He, consequently, allowed this application on payment of Rs. 100 as costs to the vendee The judgment and decree of the trial Court were set aside and the case remanded for redecision under Order 41, Rule 23A, Code of Civil Procedure.