BACHAN SINGH 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. It 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 of 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.) THE learned trial court decreed the suit on the ground that the plaintiff is a co-sharer and has thus, superior right of pre-emption. The learned trial Court negatived the argument raised by the defendant that the sale is by a female and thus governed by the provisions of sub-section (2) of Section 15 of the Act. However, in appeal filed by defendant, the judgment and the decree passed by the learned trial Court was set aside and it was held that the vendee has improved his status as that of a co-sharer in view of the fact that the sale to the extent of share of Angrejo is not pre-emptible being sale governed by the provisions of Section 15(2) of the Act and thus the plaintiff does not have superior right of pre-emption.