BALWANT SINGH Vs. SHAHAB SINGH

JUDGEMENT

(1.) This revision petition has been filed by the defendant-vendees against the order of the Subordinate Judge 2nd Class, Kaithal dated 11th October, 1985, allowing the application of the legal representatives of Ratna plaintiff (deceased) to be impleaded as parties.

(2.) Briefly the facts are that Ajmer Singh sold the property in dispute for a consideration of Rs. 14,000/- to defendants No. 1 to 5 vide sale deed dated 27th May, 1983. Ratna real brother of the vendor, filed a suit for possession by pre-emption. He died on 11th September, 1984. Shahab Singh, his son, made an application for impleading three sons of the deceased as the plaintiffs in the case. The application was allowed by the trial Court. The defendant- vendees have come up in revision to this Court.

(3.) The learned counsel for the petitioners has argued that the right of pre- emption was a personal right and, therefore, the suit did not survive after the death of the pre-emptor. In support of his contention he places reliance on a Full Bench judgment of this Court in Chandrup Singh v. Data Ram, 1984 RRR 579. On the other hand, Mr. Ram Rang has argued that the right of pre-emption is a right which runs with the land and, therefore, the legal representatives of the deceased who had an independent right of pre-emption could continue the suit.