RAGHBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment will dispose of Regular Second Appeals Nos. 1021 of 1988, 1286 of 1989, 2563 of 1989, 127 of 1991 and 128 of 1991, as common questions of law and fact are involved in these appeals.

(2.) IN these Regular Second Appeals, the appellants seek to exercise the right of pre -emption as cosharers. Their contention is that they fall within the expression 'other co -sharers' in clause Fourthly of Section 15(1)(b) of the Punjab Pre -emption Act, 1913 and are, therefore, entitled to exercise the right of pre -emption conferred upon them by that provision. The Courts below have negatived this contention of the appellants solely on the ground that it cannot stand after the pronouncement of the Supreme Court in Jagdish Others v. Nathi Mal Kejriwal, AIR 1987 SC 68 : 1987 RRR 65, wherein a two - Judge Bench of the Supreme Court held as under: -

(3.) IN view of the observations of the Supreme Court made above, these Regular Second Appeals are allowed and the judgments/decrees of the Courts below are set aside, and the cases are remanded to the trial Court for a fresh decision in accordance with law. In the circumstances of the cases, the parties are, however, directed to bear their own costs through. Appeal allowed.