BAKHSHISH SINGH Vs. GURCHARAN SINGH, ETC.

JUDGEMENT

(1.) THE facts giving rise to this appeal under Clause 10 of the Letters Patent may briefly be stated as under:

(2.) KATHA Singh and Batha Singh were two brothers. Bakhshish Singh, Appellant before us, is the son of Katha Singh. Batha Singh and Bakhshish Singh were co -sharers of some land. On 26th April, 1958, Batha Singh sold specific Khasra numbers comprised in square No. 68 and Killas Nos. 5/2, 23, 24 and 25, the total area being 31 Kanals 3 Marias in favour of Saudagar Singh and Des Raj in equal shares. In this sale -deed, Exhibit D. 1, it was specifically mentioned that these killa numbers had come to the vendor in private partition. He had further stated that out of the land sold Killa No. 25 was already in possession of Des Raj in lieu of some amount taken from him and thai the remaining three Killas were in possession of Saudagar Singh in lieu of certain other advance.

(3.) THE defence taken was that Batha Singh was the exclusive owner of the Killa numbers originally sold to Saudagar Singh and Des Raj and as a result of the sale Bakhshish Singh did not become co -owner with Saudagar Singh in the killa numbers sold to him and that, consequently, Bakhshish Singh cannot claim any superior right of pre -emption. In support of the partition effected by Batha Singh, a deed which was marked 'A' was produced. This was on Rs. 1/8/ -stamp and is dated 26th October, 1957, executed between Bakhshish Singh and Batha Singh. It contained the factum of partition and the allotment of the disputed Killa numbers to Batha Singh.