SANGAT SINGH Vs. ATMA RAMA

JUDGEMENT

(1.) A sale by a Brahman of village Sekha in Tehsil Barnala in favour of Atma Ram respondent was preempted by Sangat Singh Appellant, a Jat of that village, on the ground that he was a Malak Ala and thus had a preferential right of preemption. The suit was decreed by both the Courts below. In a petition for revision by the Defendant to this Court it was urged that since the Plaintiff did not belong to the same group of agricultural tribes as the vendor Section 14, Preemption Act stood in his way to get a decree for pre -emption. The plea was accepted by a Single Bench of this Court and the revision was consequently allowed and the suit disanissed. This is a Letters Patent appeal by the Plaintiff against the decision of the Single Bench.

(2.) THE contention of Shri Kishori Lal, the learned Counsel for the Appellant, in the first instance is that Section 14, Pre -emption Act had no application to the case because the vendor who was a Brahman could not be regarded as an agriculturist vis -a -vis the Plaintiff who was a Jat of the same village. In order to have a clear understanding of the arguments advanced reference is to be made to the relevant law on the points involved. Section 3(1), Patiala Alienation of Land Act is to the following effect:

(3.) SECTION 14, Pre -emption Act reads as follows: