BARA SINGH Vs. CHAIN SINGH

JUDGEMENT

(1.) The point of substance which arises in this appeal is the effect of a preemption decree obtained by a co-sharer in a civil suit filed by another co-sharer to pre-empt the same sale which had not been decided by the time the earlier pre-emption decree was passed.

(2.) On 13th June, 1966 Harnam Singh sold certain agricultural land to Chain Singh and his sons for Rs.20,000/-. On 12th June, 1967, Bara Singh and others filed a suit to pre-empt the aforesaid sale as a co-sharer. On the following day, namely, 13th June, 1967, Charan Singh and others yet filed another suit to preempt the same sale as co-sharers. In the suit filed by Charan Singh and others the vendees conceded the claim with the result that on 2nd of December, 1967 the suit for pre-emption filed by Charan Singh and others was decreed. In pursuance of the decree, the pre-emption amount was deposited and possession was obtained on 17th June, 1968. When Bara Singh and others (plaintiffs in the other pre-emption case) came to know of the aforesaid decree and taking over of possession by the rival pre-emptors, they amended the suit and impleaded Charan Singh and others as defendants and challenged the preemption decree obtained by them. Both the Courts below came to the conclusion that Charan Singh and others had the right of pre-emption as cosharers and were substituted in place of the vendees. Since the rival preemptors were substituted in the place of vendees, Bara Singh and others who are plaintiffs in the other pre-emption suit, having equal right of pre-emption, could not succeed against them. On this basis the suit was dismissed. Thus, the plaintiffs have come up in second appeal to this Court.

(3.) Learned counsel, Shri Ajit Singh Sarhadi, appearing for the plaintiffs, has urged that if Charan Singh and others, the rival pre-emptors, had either purchased the land in dispute from the vendees or had deposited the decretal amount in pursuance of the pre-emption decree within one year of the date of sale, only then they could be held to have been substituted in place of the vendees and in that event alone the suit of his clients could be dismissed and not otherwise. For this submission reliance was placed on Bishan Singh v. Khazan Singh, AIR 1958 SC 838. It was further urged that the Courts below were in error in recording a finding that the appellants were not proved to be co-sharers in that land in dispute. Both the points have been controverted by the counsel for the rival pre-emptors and it is urged that Bishan Singh's case (Supra) rather supports the decisions of the Courts below. Reliance is also placed on Mst. Dhapan v. Shri Ram, (1959) 61 Pun LR 774.