OM SINGH Vs. BHATERI

JUDGEMENT

(1.) The petitioner impugns the order of the trial Sub Judge, Gurgaon, dated 25th July, 1990, whereby his and his co-defendant's effort to non suit the plaintiff-respondent right at the threshold has been dismissed. Briefly, the facts are as follows :

(2.) The respondent Smt. Ram Bhateri filed the present suit in terms of clause Fourthly of Section 15(1)(b) of the Punjab Pre-emption Act (as applicable to Haryana) to preempt the sale in favour of the petitioner. Petitioner filed the present application with the plea that since clauses 1 to 3 of this sub-section have already been struck down by their Lordships of the Supreme Court in Atam Parkash v. State of Haryana, 1986 AIR(SC) 859, it is clear that no blood relation of the vendor even though he happened to be a co-sharer with him is entitled to Preempt the sale under clause Fourthly of the Punjab Pre-emption Act. In other words, the plea of the petitioner was that since the plaintiff happened to be a sister of the vendor, she could not be entitled to enforce her right under the above-noted clause i.e. Fourthly, on the basis that she happened to be a co-sharer in the suit land. This plea of the plaintiff has rightly been negatived in the light of an authoritative pronouncement of the Supreme Court Nand Kishore v. Avtar Singh,1988 1 RRR 574which contains the following observations :