RAM SINGH Vs. GAINDA RAM

JUDGEMENT

(1.) THIS Second Appeal is brought by the defendants against a judgment and decree of Mr Sansar chand Bhandari, District Judge, Karnal, dated 12-7-1952 affirming the decree of the trial Court decreeing the plaintiffs' suit.

(2.) THE facts of this case are rather complicated and may be staged at some length, Chaman Lal sold 39 bighas 14 1/2 biswas of land on 5-8-1944 to Asa Ram, Paras Ram and Dalip Singh for a sum of Rs. 10,000/ -. Chaman Lal's sister's son Sham Sarup brought a suit for preemption which was decreed on 8-11-1944, ana on 18th November, he sold his rights to Gainda Ram and ladli-Parshad, the present plaintiffs, for a sum of Rs. 15,000/- by a document, Ex. P-1. The sale was of the land, that is, 39 bighas 14 1/2 biswas, with all rights appurtenant thereto and of the rights which Sham Sarup had in the pre-emption decree. He stated in the sale deed "i transfer all rights that I possess under the decree" and it was also stated in the sale deed that the possession, which Sham Sarup had, had been delivered and actual physical possession might be obtained by execution. Prior to this sale on 8-12-1944, Sham Sarup had deposited the amount mentioned in the decree, that is, Rs. 10,000/-, which was withdrawn by the then vendees Asa Ram and others.

(3.) ON 5-3-1945, Gainda Ram and Ladli Parshad applied for execution of the decree, which is shown by Ex. D-4, but this application was dismissed on the ground that the pre-emption decree was a personal decree and could not ba transferred. Reliance was there placed on -- 'mehr Khan v. Ghulam Rasul', AIR 1922 Lah 300 (A), where it was held that a decree for pre-emption is not capable of transfer, so as to enable the transferee to obtain possession of the pre-empted property in execution.