BACHAN SINGH Vs. JABAR SINGH

JUDGEMENT

(1.) In this second appeal arising from a suit for possession by way of pre-emption, the only question that has been posed for consideration by the learned counsel for the appellants is as to whether the vendee-respondents held part of suit property as tenants under the vendors on the date of sale so as to render the suit of the preemptor-appellants, in regard to suit land under the tenancy, as untenable, by virtue of the provisions of section 17-A of the Punjab Security of Land Tenures Act.

(2.) The trial Court on the strength of the recital in the sale deed, Ex. D1, to the effect that the possession of the vacant land had been delivered to the vendees and all the land under crop would be delivered after it was harvested, held that on the date of sale which fell on 21st March, 1963, the vendees were not tenants of any part of the suit land. The lower appellate court on an appeal by the vendees, after referring to the finding of the trial court and the evidence on which it based itself, came to the conclusion that the vendee-appellants before it held certain portion of the suit land, as mentioned in its judgment, as tenants on the date of sale in question. The trial court based itself for arriving at the said finding on the testimony of Patwari P.W.3 :-

(3.) The above being a finding of fact except when it is vitiated for reasons which are by now well known, it is binding on this Court, but Mr. Gujral, learned counsel for the appellants, urged that the said finding is vitiated for the reasons that the lower appellate court failed to consider document, Exh. D1, before coming to the conclusion that the vendees were tenants on part of the land on the date of sale.