SANTA SINGH Vs. BASANTA SINGH

JUDGEMENT

(1.) THIS order will dispose of R. S. As Nos. 560 and 561 of 1969. There is no merit in either of these appeals and both must fail. As the points of law and some facts are common to both these appeals, I have thought it proper to decide both of them by common judgment.

(2.) AN area of land measuring 110 Kanals and 10 Marlas was taken on lease by Sobha Singh, Basant Singh and Santa Singh. The lease was for a period of 99 years and is described as a Patta for that period. It commenced in Kharif 1962 and was to end in Rabi 2062. It was for a fixed consideration amounting to Rs. 3,000/ -. Sobha Singh died and on his death his share was inherited by his two sons and his widow, that is, Santa Singh, Basant Singh and Mst. Jind Kaur in equal shares. On June 8, 1966, Basant Singh sold his share which is equal to 4/9th share of the land detailed in Paragraph 1 of the plaint with ancillary rights in tube well etc. , to Bawa Singh and others, defendants Nos. 2 to 6 for a sum of Rs. 6,000/ -.

(3.) ON the 16th of June, 1966, Mst. Jind Kaur solder her 1/9th Share of the agricultural land detailed in paragraph 1 of the plaint in suits Nos. 148/787 of 1966 to defendants Nos. 2 to 5 for Rs. 1,500/ -. Santa Singh being a co-sharer in the lease hold rights acquired by his father and brother brought the two suits to pre-empt these two sales on the ground that the land in dispute had been sold and he being a co-sharer in Khata was entitled to pre-empt the same under Section 15 (1) of the Punjab Pre-emption Act. These suits were resisted by the vendees act on the pleadings of the parties, the following issues were framed:- (1) Whether the plaintiff has a superior right of pre-emption? (2) Whether the plaintiff has waived his right? (3) Whether the suit for pre-emption lies? (4) Whether the vendees are entitled for stamp and registration. If so, how much?