RAM KRISHAN Vs. RATTI RAM

JUDGEMENT

(1.) This is plaintiff-pre-emptor's second appeal whose suit for possession by pre-emption has been dismissed by both the Courts below.

(2.) Smt. Sunder sold the agricultural land measuring 24 Kanals vide sale deed dated 6.6.1980 in favour of Ratti Ram defendant No. 1 to the extent of 2/3rd and Ishama Ram defendant No. 2, 1/3rd share for a sum of Rs. 49,000/-. This sale was pre-empted by two rival pre-emptors - (i) Ram Kishan (present appellant) and (ii) Mangat Ram and Gurbit Singh. Both the suits were tried together.

(3.) Ram Kishan plaintiff had claimed superior right of pre-emption on account of his being the brother of vendor Smt. Sunder. He also claimed to be co- sharer in the Khewat whereas the other rival pre-emptors claimed superior right of pre-emption claiming to be the sons of the vendor. The vendees contested the suit inter alia on the ground that the sale being by a female, was covered by Section 15(2) of the Punjab Pre-emption Act, and, therefore, the plaintiff had no superior right of pre-emption. The trial Court dismissed both the suits holding that both pre-emptors had no prior right of pre-emption on the basis of relationship, in view of the provisions of Section 15(2) of the Punjab Pre-emption Act. That being so, plaintiff Ram Kishan also could not claim his right of pre-emption on the basis of being a co-sharer in the khata as provided under Section 15(1) of the Act. As a result of this finding, both the suits were dismissed. Dissatisfied with the same, Ram Kishan plaintiff filed the appeal. The learned District Judge affirmed the findings of the trial Court and thus maintained the decree dismissing the plaintiff's suit, vide judgment dated. 15.3.1984.