NANHA Vs. PARTAP SINGH

JUDGEMENT

(1.) The controversy here is with regard to a right of pre-emption claimed by the respondent-Partap Singh with regard to the sale of land in suit on March 13, 1973 by the vendor Sardara Singh in favour of Nanha, the present appellant, on the plea that he was a tenant on the land in suit at the time of the sale. A finding to this effect has been returned in favour of the plaintiff-Partap Singh, which is now sought to be challenged.

(2.) According to the vendee-Nanha, it was in fact he who was in possession of this land as a tenant when he purchased it from the vendor-Sardara Singh. In support of this plea, reference was made to the oral evidence led by the parties, but the main stress was upon the entries in the Khasra Girdwari after their correction by the order of the Assistant Collector, exhibit D/2 of July 28, 1976.

(3.) The sale having taken place in March, 1973, the relevant period with regard to possession of this land would be Kharif 1973 to Rabi 1974. According to the Khasra Girdwari exhibits P/6 and P/7, it was plaintiff-Partap Singh who was recorded as being in possession of the land as a tenant during this period. It was during the pendency of the present suit that the vendee Nanha applied for correction of these Khasra Girdwaris on April 28, 1975 which culminated in the order directing such correction which was passed on July 28, 1976. It was on the basis of these corrections of entries in the Khasra Girdwari that the appellant now rests his case. no late Court dealt with this aspect of the case following the observations in Gurnam Singh v. Jagjit Singh, 1972 PunLJ 211, to the effect that once the controversy has come to the Civil Court, it cannot be allowed to be transferred for decision to the revenue authorities. It is thus for the Civil Court independently to go into the pleas raised by the parties with the regard to their possession. In such a situation, it was open to the Court having regard to the other material on record to prefer the entries in the Khasra Girdwari exhibits P/6 and P/7 to those as corrected after the order of the Assistant Collector. The Court preferred the former.