JANGLI AND ORS. Vs. LAKHMI CHAND AND ANR.

JUDGEMENT

(1.) THIS appeal under Clause X of the Letters Patent is from judgment, dated 20th of March, 1962, of Gurdev Singh, J., in Regular Second Appeal, 1615 of 1960.

(2.) THE dispute arose out of the pre -emption suit maintained by two sons of two out of three vendors. The question was whether the suit at the instance of the Plaintiffs was maintainable and if so, whether the possession could be effectuated of the entire land, subject matter, on payment of the, total price.

(3.) AS respects village immovable property, right of preemption has no nexus to the quantum of Share heritable from the vendor or vendors. The right of challenge appears to have been given to a class or group of persons bound together by the of relationship with the vendor. Before the amendment of the Punjab Pre -emption Act large number of, persons in respect of their relative preferential proximity to the vendor had been selected. By the amendment, however, that group has been cut down to closer relationship by blood. Obviously, therefore, in our view any one or more of that class or group could impugn the sale successfully and obtain possession on payment of the total sale price. Learned Counsel for the Appellants brought to our notice the observations made in Niranjan etc. v. Kehru etc. Letters Patent Appeal No. 339 of 1961, decided on 10th of April, 1963. That case, with respect, seems to have been decided on its own facts and no specific rule on any proposition of law was intended to have been laid. The impugned judgment of the learned Single Judge is cogent and correct, and does not call for interference. This appeal thus fails and is dismissed. In the circumstances, however, we are inclined to leave the parties to their own costs.