MANGLA Vs. SUKHMINDER SINGH

JUDGEMENT

(1.) This second appeal arises out of a pre-emption suit. The land in suit was sold by Joginder Singh alias Rajinder Singh defendant on August 12, 1959 by a registered sale-deed to the other defendants, and the sale has been pre-empted by Sukhminder Singh plaintiff on the ground that he has a preferential right of pre-emption, the vendor being his real brother. The plaintiff has succeeded in the Courts below, one of the main arguments of the vendees that because by purchase of the land in suit in consequence of the pre-emption decree the plaintiff would become possessed of area more than permissible area within the scope of the Punjab Security of Land Tenures Act, 1953 (Punjab Act 10 of 1953), and such acquisition exceeding the permissible area is null and void under sub-section (2) of Section 19-A of that Act, so there is no right of pre-emption in the plaintiff having been repelled by both the Courts.

(2.) While this appeal has been pending, a notification was issued in the State Gazette of February 16, 1962, under Section 8(2) of the Punjab Pre-emption Act, 1913 (Punjab Act I of 1913), that "no right of pre-emption shall exist with respect to urban and village immovable property as well as agricultural land when purchased by any member of the Scheduled Castes mentioned in Part X of the Schedule to the Constitution (Scheduled Castes) Order, 1950", but this has been followed by another notification under the same provision published in the State Gazette of December 24, 1962, amending this notification in these terms -

(3.) The sale in the present case was made on August 12, 1959. So the vendees, who claim to be members of a Scheduled Caste, cannot have advantage of the first notification in view of its amendment by the subsequent notification.