DULARI Vs. JAI PAL

JUDGEMENT

(1.) This is vendee's second appeal against whom suit for possession by way of pre-emption, has been decreed by both the Courts below.

(2.) There was a plot No. 770 measuring 1 Kanal 2 Marlas. Half of it i.e. 11 Marlas was purchased by Smt. Ramesh, wife of Shri Chand, whereas the other half i.e. 11 Marlas, was purchased by Smt. Dulari, wife of Deep Chand. Later on vide registered sale deed dated 17th September, 1971, Smt. Ramesh sold her half share in favour of Smt. Dulari. Jaipal son of Siri Chand plaintiff filed the present suit for possession by way of pre-emption, on the ground that he being the son of the vendor Smt. Ramesh, had a superior right of pre-emption. The vendee-defendant contested the suit, inter alia, on the ground that the plaintiff was not the son of the vendor, as he was the step son of the vendor Smt. Ramesh. Certain other pleas were also taken which are not material for the purposes of this appeal.

(3.) The learned trial Court found as a fact that the plaintiff Jaipal son of Siri Chand was the step son of the vendor Smt. Ramesh. However, relying upon a Full Bench judgment of this Court reported in Moti Ram S/o Atma Ram V. Bakhwant Singh, 1967 69 PunLR 1041, it found that a step son is entitled to pre-empt the sale of a step mother. As a result of this finding on the material issue the plaintiff's suit was decreed. In appeal, the Senior Subordinate Judge (with enhanced appellate powers) affirmed the findings of the trial Court on all the issues and thus maintained the decree passed in favour of the plaintiff.