CHANAN SINGH, ETC. Vs. LAL SINGH

JUDGEMENT

(1.) THIS order will dispose of E.S.As. Nos. 1639 and 1640 of 1970.

(2.) THESE appeals are directed against the decision of the lower appellate Court which reversed on appeal the decision of the executing Court rejecting the objections of the vendee on the ground that the vendee was a tenant of the land in dispute and the pre -emption decrees could not be executed against him. In both these appeals the vendee and the pre -emptors are the same, but as there were two sales, two suits for pre -emption were filed.

(3.) I would not have interferred with the orders of remand, but as the facts are not in dispute and the matter which requires determination is of considerable importance, I have thought it fit to refer both these appeals to a larger Bench. Two questions, which require determination, are: