HAMIR SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated February 20, 1991 whereby an application under Section 28-A of the Punjab Pre-emption Act (for short 'the Act') filed by the plaintiff-petitioner for stay of proceedings in the present suit, was dismissed by the trial Court.

(2.) Bhagwan Singh and others, defendants-respondents purchased land measuring 6 Kanals 9 Marlas being 1/2 share of land measuring 12 Kanals 18 Marlas, from Sadhu Singh son of Udey Ram vide registered sale deed dated June 14, 1988. Plaintiff-petitioner filed a suit for possession by way of pre-emption claiming preferential right to pre-empt the said sale on the ground of co-sharer. The defendant-respondents denied the claim of the plaintiff-petitioner to pre-empt the impugned sale and pleaded that before the purchase of the said land from Sadhu Singh vendor, they purchased land measuring 12 Kanals from him from Khewat No. 119 min, by sale deed dated January 13, 1988, so the plaintiff cannot claim a preferential right to the land in dispute. The petitioner, therefore, filed an application under Section 28-A of the Act for stay of proceedings in the suit, which application as noticed above, was dismissed by the order under revision.

(3.) Learned counsel for the petitioner contended that the trial Court erred in dismissing the application of the petitioner for stay of proceedings in the suit. It was submitted by the learned counsel that sale deeds dated January 13, 1988 and June 14, 1988 respectively are under challenge in two suits and both these sale deeds relate to same Khewat number, so the proceedings in the suit of subsequent sale should have been stayed. In support of his submission, learned counsel placed reliance on Indraj v. Ami Lal and others, 1988 PunLJ 268 .