MANGTU RAM Vs. ROHTASH

JUDGEMENT

(1.) PLAINTIFF-APPELLANT, Mangtu Ram vide suit giving rise to the present appeal, sought to pre-empt the land sold by Smt. Bholi wife of Shri Gajanand. The sale aforesaid was effected by the vendor on May 7, 1970 and the land was purchased by respondents Rohtas and others. Staking his superior right, appellant pleaded that he was not only related to the vendor but was also tenant as also co-sharer in the land in dispute. In as much as the sale was effected by female, the trial court came to the conclusion that the same could not be pre-empted by appellant as the matter was covered under Section 15 (2) of the Punjab Pre-emption Act. In appeal, the findings of the trial Court were confirmed by the first Appellate Court. Aggrieved, appellant has filed this Regular Second Appeal challenging the judgment and decrees passed by the court below.

(2.) THE matter seems to be covered in favour of appellant by decision of this court in Mange Ram v. Tulsi Ram and Ors. , 1989 P. L. J. 207 wherein it was held that

(3.) AS the matter is squarely covered in favour of the appellant by virtue of the judgment, referred to above, this appeal is allowed. The suit of plaintiff for possession by way of pre-emption is decreed subject to his depositing sale consideration alongwith registration charges within a period of two months from today, failing which the suit shall be deemed to have been dismissed. However, in view of the change in law during the pendency of this appeal, the parties are left to bear own costs.