LAL SINGH Vs. RAGHBIR SINGH

JUDGEMENT

(1.) Plaintiffs are in second appeal.

(2.) For convenience and to avoid confusion, the parties hereinafter are referred to by their original position in the suit i.e. appellants as plaintiffs and respondents as defendants.

(3.) Plaintiffs filed suit seeking possession by way of pre-emption asserting their superior right to pre-empt sale deed dtd. 5/6/2003 as tenants over the suit property. As per the plaintiffs, Jaswant Singh, their grandfather, a gair marusi tenant, was in cultivating possession over the suit property. During his lifetime, Jaswant Singh executed a registered Will dtd. 15/7/1999 in favour of the plaintiffs. On death of Jaswant Singh, the plaintiffs inherited his estate and came in cultivating possession over the suit property as tenants. The plaintiffs claimed that sale deed has been executed by the owners in favour of defendants No.1 to 3 without there being any prior notice to the plaintiffs as required under Sec. 19 of the Punjab Preemption Act, 1913. Thus, they are entitled to pre-empt the sale deed.