JAGTAR SINGH Vs. JHABBAR SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeals No. 1470 and 1557 of 1983, filed by plaintiff Jagtar Singh against the judgments and decree, passed by both the court below, whereby his two separate suits seeking pre-emption of two different sale deeds on the ground of co- sharership, have been dismissed.

(2.) RSA No. 1470 of 1983 is arising from civil suit No. 420 of 1981 pertaining to land measuring 12 Bighas representing 240/819th share of the land measuring 40 Bighas 19 Biswas, as detailed in para 1 of the plaint, which was owned by one Jit Singh, who sold the same for a consideration of Rs. 46,500/- to the defendants vide registered sale deed dated 7.4.1980.

(3.) THE Punjab Pre-emption Act 1913 (as applicable to the State of Haryana) on the ground that he was having superior right to pre-empt those sale deeds as co-sharer in the joint khewat. The defendants (vendees) contested both the suits and denied that the plaintiff had a superior right to pre-empt the sales. It was also pleaded that even if it was proved that the plaintiff was a co-sharer in the joint khata, out of which land in dispute had been sold, even then he has no right to pre-empt the sales, as the joint khata had since been partitioned between the co-shares by the competent revenue authority. The defendants by placing on record the order of partition dated 31.7.1982 (Ex.DX) passed by the competent revenue authority, pleaded that before passing the decree, the plaintiff had lost his superior right of pre- emption, as after the order of partition, he ceased to be a co-sharer in the joint khata. That being so, his suits were liable to be dismissed.