BRAHM SINGH Vs. TARSEM SINGH

JUDGEMENT

(1.) CHAGHAR Singh and his two brothers Kartar Singh and Milkhi Ram were owners in equal shares of a joint Khata, consisting of agricultural land measuring 91 Karnals 18 Marlas, situate in village Sandhwal, District Hoshiarpur. After consolidation, this land became 77 Karnals. On 16th August, 1958, by a registered deed, Exhibit D/1, Chaghar Singh sold land measuring 7 Karnals 14 marlas, being 1/3rd of 23 Kanals 1 Marla, comprised in certain Khasra numbers mentioned in that deed out of the joint holding in favour of Brahm Singh for Rs. 250/ -. Similarly, on 27th January, 1960, vide Exhibit D/2, he sold another 22 Kanals 19 Marlas, being 1/3rd of 68 Kanals 19 Maralas comprised in the Khasra numbers mentioned in the deed, out of the same joint holding, to the same vendee for Rs. 500/ -. In the meantime, consolidation proceedings, which were going on in the village were finished. On 5th October, 1962, vide Exhibit D/4, Chaghar Singh executed another sale-deed, by which he sold 25 Kanals 13 Marlas being 1/3rd share in 77 Karnals, covered by certain Killa numbers mentioned in that deed, which was allotted in consolidation in lieu of the original joint holding to Brahm Singh for Rs. 1500/ -. The sale price mentioned in Exhibits D. 1 and D. 2 was given credit for in this amount of Rs. 1500/and the balance of Rs. 750/- was paid by the vendee at the time of the execution of Exhibit D/4. On 3rd May, 1963, by deed Exhibit D/5, Brahm Singh and Milkhi Ram brother of Chaghar Singh sold 3 Kanals and 5 Marlas out of 25 Kanals 13 Marlas comprised in Khasra No 87/16 (it should be Killa No. 87/16), which was one of the Killa Numbers covered by Exhibit D/4, to Arjan Singh and his five brothers for Rs. 1000/ -. On the same day another sale deed, Exhibit D/6, was executed by Milkhi Ram and Brahm Singh regarding 10 Marlas, out of Killa No. 87/16, to one Baru for Rs. 200/ -. On 4th October, 1963, Tarsem and two others, sons of Milkhi Ram, brought a suit for pre-emption regarding the land covered by the sale-deed, Exhibit D/4, on the ground that they had a superior right of pre-emption, being the nephews of the vendor, Chaghar singh. It was alleged by them that the sale was for Rs. 1000/- and not Rs. 1500/- as mentioned in the deed. In the suit, the pre-emptors impleaded Arjan Singh and his five brothers vendees in Exhibit D/5 and Barru, vendee in Exhibit D/6.

(2.) THE suit was resisted by the vendees on a number of pleas, but in the present appeal we are only concerned with two of them- (i) that the suit was barred by limitation and (ii) that the sale in favour of Barru evidenced by Exhibit D/6 was not pre-emptible, the vendee being a member of the scheduled caste.

(3.) THE trial Judge decreed the suit except regarding 10 Marlas of land, which was sold to Barru. The suit was held not to be barred by limitation. The sale in favour of Barru was found to be not pre-emptible, because of the notification issued on 2nd/3rd February, 1962, by the Governor of Punjab in exercise of the powers conferred on him under Section 8 (2) of the Punjab Pre-emption Act, declaring that no right of pre-emption would exist with respect to the agricultural land, when the same was purchased by any member of the scheduled castes mentioned in Part X of the Schedule to the Constitution (Scheduled Castes) Order, 1950,. Admittedly, Barru was a member of the Scheduled castes mentioned in the said schedule.