DHARAM PAL Vs. JAGIR SINGH

JUDGEMENT

(1.) The appellants are aggrieved by the judgement and decree passed by the courts below by which it has been held that the plaintiff respondents being co-sharers are entitled to possession of the land in dispute by pre-emption. Mr. Goyal, learned counsel for the defendant-appellants submits that in view of the amendment of the Punjab Pre-emption Act, 1913 by Haryana Act No. 10 of 1995, the co-sharers are no longer entitled to maintain a claim for possession by pre-emption. Mr. Sandhu learned counsel for the respondents contests this claim.

(2.) The issue has been settled by the three decisions delivered by the Apex Court in Karan Singh & Ors. v. Bhagwan Singh & Ors., 1996 1 JT 618, Ramjilal & Ors. v. Ghisa Ram etc., 1996 2 JT 649 and Mansu v. Shadi Ram, 1996 3 JT 31. It has been held that an appeal is a continuation of the original proceedings and that the right to pre-emption vesting in a co-sharer having been taken away by a legislative enactment, the suit for possession by pre-emption cannot be decreed.

(3.) In view of the above authoritative pronouncements of the apex Court, the claim made by the appellants deserves to be allowed. Accordingly, the appeal is accepted, the judgement and decree passed by the lower Court are set aside and the suit of the plaintiff-respondents is dismissed. The plaintiff-respondent shall be entitled to withdraw the amount of money that they may have deposited. In the circumstances of the case, there will be no order as to costs.