LAWS(P&H)-1984-1-124

JAI RAM Vs. GHISA RAM

Decided On January 16, 1984
JAI RAM Appellant
V/S
GHISA RAM Respondents

JUDGEMENT

(1.) Ghisa Singh and his brother Ramotar Singh (respondents) pre-empted the sale of the land in favour of Jai Ram petitioner and others on the ground that they are co-owners on the khewat of the land in dispute, whereas the vendees are strangers. During the pendency of the suit, the vendees obtained an order of partition of the khewat from the Revenue Officer. Respondents Nos. 1 and 2 moved an application in the trial Court for the stay of the proceedings on the ground that they had filed an appeal against the order of the Revenue Officer ordering the partition of the joint khewat. The trial Court vide order dated 4th September, 1981 stayed the proceedings in the civil suit, holding that an irreparable loss would be caused to respondents Nos. 1 and 2 if the decision in the civil suit is not stayed till the appeal is decided in the partition proceedings. The petitioner has assailed the order of the trial Court dated 4th September, 1981 in the present revision.

(2.) The learned counsel for the petitioner has argued that the pre-emptor has to maintain his preferential right not only at the date of the suit or during the course of litigation, but also at the date of the trial Court decree. The trial Court has erred in staying the proceedings in the civil suit filed by respondents Nos. 1 and 2 to enable them to succeed by retaining their preferential right as co-sharers in the khewat.

(3.) The contention of the learned counsel for the petitioner must prevail.