CHANAN DAI Vs. KUNDAN LAL

JUDGEMENT

(1.) This second appeal is directed against the decision of the learned Additional District Judge reversing on appeal the decision of the trial Court dismissing the plaintiff's suit for possession of the land by pre-emption.

(2.) It cannot be disputed that the property in this case is urban immovable property, it being situate in the town of Kalka in the district of Ambala. Dr. Sukh Das sold the suit property to Smt. Chanan Dai wife of Tara Chand for Rs. 4,500/-. The present suit for possession by pre-emption was filed by one Kundan Lal on the ground that he was a tenant of a part of the property. Section 16 of the Pre-emption Act, as amended by Act 10 of 1960 now leaves the right of pre-emption so far as urban immovable property is concerned only in the tenant. Section 7 of the Act is in these terms :-

(3.) I accordingly allow this appeal and set aside the judgment of the learned Additional District Judge and restore that of the trial Court. The parties are left to bear their own costs throughout.