JAI SINGH Vs. MUGHLA AND ORS.

JUDGEMENT

(1.) IN this regular second appeal, which is directed against the judgment and decree of affirmance, passed by the Court of Shri Sarup Chand Goyal, Additional District Judge, Karnal, on May 17, 1966, upholding the decree of the trial Court, dated September 8, 1965, for possession in exercise of the Plaintiffs right of pre -emption on payment of Rs. 5,700, the only question which calls for decision is, whether a widow is deemed to have "succeeded through her husband" within the meaning of Clause (b) of Sub -section (2) of Section 15 of the Punjab Pre -emption Act (I of 1913)(hereinafter referred to as the Pre -emption Act) to land of property which she originally got prior to April 1, 1956, as a life estate under the Hindu Law on the death of her husband after the coming into force of the Hindu Succession Act (30 of 1956)(hereinafter called the Succession Act), and after she has become full owner of the said land or property by operation of Sub -section (1) of Section 14 of the Succession Act.

(2.) I may first summarise the facts which have given rise to this question. The land in question belonged to one Nihala who was married to Shrimati Nimbo, Respondent No. 6. to whom I will refer in this judgment as the vendor.

(3.) NIHALA had a brother, named Shibha, whose son is Mughla, Plaintiff Respondent who will be called "pre -emptor" by me in this judgment. On the death of Nihala, the land in question was mutated by Exhibit P. 2 on November 15. 1943, in favour of the vendor (Shrimati Nimbo, Respondent No. 6).