KHEMAL Vs. BHALLA

JUDGEMENT

(1.) This is a second appeal against the appellate decree, dated 15.11.1956, of the Additional District Judge of Karnal. It arises out of a suit by the tenants to pre-empt a sale by their landlords. Under Section 17 of Punjab Act No. 10 of 1953 a tenant has been given a right of pre-emption in regard to an alienation by a landowner other than a small landowner. The alienation was made on 5.3.1954 and the suit was instituted on 5.3.1955. On both dates it is admitted that in the former Punjab State the alienors were a 'small landowner'. Subsequently on 31.8.1956 under the State Reorganisation Act of 1956, the former Pepsu State and the former Punjab State merged forming the new Punjab State. It was urged on behalf of the tenants before the learned Additional District Judge that after the merger as the alienors own land in the former Pepsu area and if that is taken with the land in the former Punjab State area they cease to be 'small landowner', so the tenants are entitled to pre-empt the sale under Section 17 of Punjab Act No. 10 of 1953. This argument has been rejected by the learned Additional District Judge, and to my mind rightly, because in the former Punjab State area Punjab Act No. 10 of 1953 continues to apply which does not extend to the former Pepsu area, which are continues to be governed by the Pepsu Act No. 13 of 1955. So that under Punjab Act No. 10 of 1953 the alienors have not ceased to be a 'small landowner'. There is no force in this second appeal by the tenants and it is dismissed but in the circumstances there is no order in regard to costs.