RAM GOPAL AND OTHERS Vs. HIRA AND OTHERS

JUDGEMENT

(1.) The facts leading to this second appeal are that the present appellants who are the sons of the vendors, Mansukh, Ram Sarup and Tara Chand, had filed the suit for possession of agricultural land measuring 100 Bighas 4 Biswas by pre-emption. This land was sold by the vendors to the present respondents Hira, Birbal and Harmukh for Rs. 14,000/- by means of a registered sale deed dated 7th December, 1965. The plaintiffs claimed superior right of pre-emption on the ground that they were the sons of the vendors.

(2.) The vendee-defendants contested the suit and pleaded that they were tenants on the suit land and in recognition of their right, the suit land had been sold to them. They also pleaded that they were tenants on the suit land and therefore,plaintiffs had no right of pre-emption. They further took up other pleas, but it is not necessary to refer to them, because the only controversy between the parties that was raised before me, was, whether the vendees were tenants on the suit land, at the time they purchased it.

(3.) It may be mentioned here that the learned trial Court had held the vendees to be tenants at the relevant time. It was further held that the sale had taken place in recognition of their right of pre-emption as tenants. In view of that finding and findings on some other issues, the plaintiffs' suit was dismissed. Feeling aggrieved, the pre-emptors filed an appeal which was heard by the learned Senior Subordinate Judge (with Enhanced Appellate Powers), Bhiwani. He held that out of the vendees, Hira and Harmukh were the tenants of the suit land and therefore, the sale qua them was protected under section 17-A of the Punjab Security of Land Tenures Act, 1953 (briefly the Act). Qua Birbal vendee, it was held that he was not a tenant on the suit land. Accordingly, he partly accepted the appeal. It was dismissed so far as the shares of Hira and Harmukh were concerned. The judgment and decree of the trial Court were set aside so far as Birbal vendee was concerned and qua his share which was 1/3rd in the suit land, a decree for possession by pre-emption was passed in favour of the plaintiffs on payment of Rs. 6,303/35 paise. Still not satisfied, the plaintiffs have now come to this Court in second appeal.