SHIV DAYAL Vs. RANDHIR SINGH AND OTHERS

JUDGEMENT

(1.) SHIV Dayal decree holder (DH)/plaintiff has filed this revision petition under Article 227 of the Constitution of India impugning order dated 27.9.2011 passed by the executing court thereby allowing objections of judgment debtors (JDs)/respondents and thereby dismissing the execution petition filed by the petitioner -DH. Suit filed by the petitioner against respondents (including their predecessors) for pre -emption of the suit land claiming preferential right of pre -emption on two grounds i.e. being co -sharer in the land and also being brother of the vendor, was decreed by the trial court vide judgment dated 13.9.1983 Annexure P/1 and was upheld upto Hon'ble Supreme Court. The petitioner filed execution petition wherein the JDs/respondents raised objection that the decree is inexecutable in view of judgment of Hon'ble Supreme Court in Atam Prakash versus State of Haryana and others, : AIR 1986 SC 859 because the right of pre -emption on the basis of consanguinity (relationship) has been held to be unconstitutional and struck off. The said plea has been accepted by the executing court and thereby allowing objections of the JDs, execution petition has been dismissed.

(2.) I have heard counsel for the parties and perused the case file.

(3.) ON the other hand, counsel for the respondents very vehemently, emphatically and repeatedly contended that the petitioner claimed his right as co -sharer on the ground of being brother of the vendor and therefore, the petitioner was left with no right of pre -emption in view of judgment in the case of Atam Prakash (supra).