BACHAN SINGH (DEAD) THROUGH LRS Vs. LABH SINGH

JUDGEMENT

(1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the first Appellate Court whereby his suit for pre-emption was dismissed in appeal.

(2.) The plaintiff filed a suit for possession alleging therein that the vendor Singh Ram is jointly recorded as owner of half share of land measuring 24 kanals situated in village Fatehgarh Tehsil Naraingarh. lt is also alleged that the plaintiff and the vendor Singh Ram are related to each other as the plaintiff is fourth degree collateral of the vendor. It is further pleaded that Singh Ram has sold half of 24 kanals of land by way of registered sale deed dated 2.6.1979 registered on 29.6.1979 for an ostensible consideration of Rs. 30,000/-. The plaintiff inter alia claimed superior right for pre-emption as a co-sharer with the vendor in the land in dispute under Section 15(1) of the Punjab Pre-emption Act, 1913 (hereinafter referred to as the Act).

(3.) It was the case of the defendant that Singh Ram was owner of only 3/4th share and his sister was owner of l/4th share and both of them were jointly owners of half of the land. It was denied that Singh Ram alone has half share of land measuring 24 kanals but it was asserted that the sale was by Singh Ram and Angrejo who are owners of the land, in the replication, it was pointed out that the sale is by Singh Ram for himself and as Mukhtiar of Smt. Angrejo. Therefore, the sale is preemptible.