GURBACHAN SINGH AND OTHERS Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS appeal was directed by the learned Single Judge admitting it at the motion stage to be heard by a Division Bench because the point involved was considered likely to arise frequently. It is for this reason that it has been placed before us for disposal. The point raised has also since been decided by a Division Bench of this Court in Jang Singh v. Hardayal Singh, (1962) 64 P.L.R. 1152:, I.L.R.(1983)P&H 97:, 1962 Ct. L.J. 512. The point involved is short but it is desirable to state the facts giving rise to the present litigation.

(2.) HARDIAL Singh alias Dial Singh, Tara Singh and Charan Singh sold their agricultural land along with the shamilat and other rights in May, 1958 to the five Defendants Gurbachan Singh, Bawa Singh, Darshan Singh, Hari Singh and Lakha Singh sons of Bela Singh for an ostensible sale consideration of Rs. 3000/ -. Mohinder Singh son of Dial Singh vendor instituted the suit out of which this appeal has arisen to pre -empt the said sale. According to him the sale consideration actually paid was Rs. 1,900/ - only which also represents the market price of the suit land. The amount over and above Rs. 1,900/ - is stated to be fictitious .

(3.) ON second appeal Shri Shamair Chand, the learned Counsel for the Appellants, has contended that Section 17 -A of the Act protects sale of land comprising the tenancy of a tenant made to him by the landowner and that, therefore, the sale in question must be held not to be pre -emptible under the Punjab Pre -emption Act, 1913 and that the Court below has erred in law in decreeing the present suit. In the alternative he has contended that in any case the entire area of 32 kanals and 7 marlas should have been held to be exempt from the claim of pre -emption under the Punjab Pre -emption Act, this being the area admittedly comprising the tenancy of Hari Singh.