BAJE SINGH Vs. GAJE SINGH

JUDGEMENT

(1.) BY consent, the stay application and the main petition are taken up for final disposal by advancing the date from July 28, 2014 to a shorter date. The petitioners are judgment debtors.

(2.) HEARD Mr. M.L. Saggar, learned Senior counsel appearing for the petitioners and Mr. Anil Malik, learned counsel appearing for respondent Nos. 1 to 6.

(3.) THE brief facts are that Gaje Singh etc. are decree holders in Civil Suit No. 278 of 1981. The suit was for possession by exercise of right of preemption in respect of the suit land. The decree was passed in 1982 in favour of Gaje Singh & others subject to payment of Rs. 47,973/ - including 1/5th pre -emption money already deposited in the Court on or before February 04, 1983 failing which the suit would stand dismissed. Admittedly, the remaining amount of Rs. 40253/ - was deposited on February 03, 1983. The civil appeal filed by the petitioners failed before the learned Additional District Judge, Jind on August 08, 1984. RSA No. 2645 of 1984 was filed before this Court. In the appeal, dispossession of the petitioners was stayed. However, they were left free to withdraw the pre -emption money deposited without prejudice to their rights in appeal. The appeal was ultimately dismissed in view of the law laid down in Atam Prakash vs. State of Haryana and others, : AIR 1986 SC 859. Baje Singh and Kitab Singh (minor) the defendant -appellants had challenged the decree holding Baje Singh etc. to be co -sharers of the suit property entitled to rights of preemption. The argument raised was that the sale being by a female the same was covered by Section 15(2) of the Punjab Pre -emption Act, 1913. Since the provisions of Section 15(2) of the aforesaid Act had been struck down in Atam Prakash case this was a subsequent legal development, the challenge was not accepted and the appeal failed by order dated August 27, 2004. The SLP carried to the Supreme Court resulted initially in a status quo order to be maintained by the parties as on January 02, 2006 when notice issued to the respondents was made returnable.