HUKMI RAM Vs. BELI RAM

JUDGEMENT

(1.) In Regular Second Appeal No. 782 of 1949 the question that arises for decision is whether the alienation which purports to create rights of occupancy in the land in suit was intended by the parties to be a sale falling within section 4 of the Punjab Pre-emption Act, 1913 , hereinafter referred to as the Act.

(2.) In Civil Suit No. 622 of 1946 plaintiff maintained that the alienation was sale within section 4 of the Act while defendant No. 1 maintained that the alienation created rights of occupancy in the land.

(3.) Section 4 of the Act provides that the right of pre-emption arises in respect of land only in the case of sales, but it is also lays down that the Court is not prevented from holding that an alienation purporting to be other than a sale was in fact a sale.