BIRO Vs. MOHINDER SINGH

JUDGEMENT

(1.) The only question that arises for consideration in this second appeal filed by the plaintiff-pre-emptor against the judgment and decree of the District Judge, Sangrur, dated 19th March, 1969, whereby her suit was dismissed with costs is whether the plaintiff had a superior right of pre-emption. The land in dispute was sold by Gulab Kaur to Mohinder Singh, Joginder Singh, Inder Singh and Jharmal Singh sons of Dewan Singh through a registered sale deed dated 5th January, 1966. Mst. Biro plaintiff claimed the right to pre-empt the sale on the ground that she was the daughter of Partap Singh, the husband of Mst. Gulab Kaur. It was alleged that the vendees were not at all related to the vendor and that she had superior right to pre-empt. The suit was contested by the defendants and one of the pleas taken was that the plaintiff did not have a superior right of pre-emption. In view of this, an issue with regard to the right of the pre-emptor was framed. All the issues were decided in favour of the plaintiff-pre-emptor or against the defendants. The trial Court also found that the plaintiff had a superior right of pre-emption but this finding was set aside by the learned District Judge. Hence, this appeal to this Court.

(2.) The learned District Judge has found that Mst. Biro plaintiff was the daughter of Mst. Mangli who was the second wife of Partap Singh. It has further been admitted by Mst. Biro herself that Gulab Kaur was her step-mother. It is also not disputed that the property which is the subject-matter of the suit was inherited by Gulab Kaur from her son Kharait Singh.

(3.) The plaintiff claimed her right in the plaint in the following terms :-