SURJIT SINGH Vs. NAZIR SINGH AND ANR.

JUDGEMENT

(1.) THE point of law urged by the learned Counsel for the Appellant in this case relates to the interpretation of Sub -sections (1) and (2) of Section 15 of the Punjab Pre -emption Act, as amended by Punjab Act 10 of 1960, which came into force on 4th of February, 1960. It is urged that though the sale took place on 3rd of September, 1959, the suit having been filed after coming into force of the amended section, the law, as amended, would apply.

(2.) THE sale is by Mst. Dalip Kaur of the land in dispute which admittedly she got by way of a gift from her husband Maghar Singh. The pre -emptor is a minor son of the vendor who filed the suit for pre -emption through his maternal grandfather. There were only two points involved in the case one was of limitation and the other whether the Plaintiff had a superior right of pre -emption. The trial Court found the suit beyond limitation and consequently, dismissed the suit. He had however, given a finding in favour of the Plaintiff that he had a superior right to pre -empt. The Plaintiff went up in appeal and the lower appellate Court held that the suit was within limitation. With regard to the other issue the same was in favour of the Appellant and he did not press it and apparently the learned Counsel for the Respondent -vendee did not address any arguments on issue No. 1 to support the judgment of the trial Court, the appeal was, consequently, accepted and the suit of the Plaintiff decreed. The vendee has come up in appeal.

(3.) SECTION 15 of the Pre -emption Act runs as follows: