GHASI RAM Vs. GURBACHAN SINGH

JUDGEMENT

(1.) ON the 11-8-1944, Fateh Singh defendant No. 2 sold the land in suit to Gurbachan Singh defendant No. 1. On the 31-8-1945, Ghasi Ram, plaintiff, instituted Civil Suit No. 648 of 1945 for possession by pre-emption of the land in suit. In the plaint it was stated that the plaintiff was a co-sharer in the village while the defendant-vendee was a stranger and that according to the provisions of the 'wajib-ul-arz' the plaintiff had a right to pre-empt the sale against the vendee. Village Salimpur where the land in suit is situated was formerly part of the Mee-rut District in the United Provinces of Agra and Oudh and was by proclamation published in Notification No. 984-C, dated the 22-2-1915, included in the province of Delhi with effect from the 1-4-1915. Schedule III read with Section 8, Delhi Laws Act, 1915) provides inter alia that the U. P. Land revenue Act, 1901, shall continue to be in force in the territory added to the Province of Delhi and which was formerly included within the United Provinces of Agra and Oudh.

(2.) GURBACHAN Singh defendant No. 1 resisted the suit pleading inter alia that the plaintiff had no right of pre-emption inasmuch as he was also a co-sharer in the village.

(3.) IN deciding the suit the trial Court found that the plaintiff had a preferential right to purchase against the vendee. In the Court of first instance) it was not disputed that on the date of sale the defendant vendee was owner of khasra No. 319/46 in village Salimpur. On appeal, the Senior subordinate Judge found that the purchaser of an isolated plot of land is a co-sharer within the provisions of the wajib-ul-arz. In the result, the Senior Subordinate Judge allowed the appeal and dismissed the suit of the plaintiff with costs throughout.