SURJAN SINGH Vs. HARCHARAN SINGH

JUDGEMENT

(1.) THIS appeal was posted for hearing before me on the 7th of November, 1966: and by my order of that date, I directed that this appeal be better heard by a Division Bench, in view of the importance of the question involved.

(2.) THE only question, that requires determination in this appeal, is -- Whether the phrase 'brother' in Section 15 (1) (a) secondly of the Punjab Pre-emption Act, 1913 includes a 'step-brother'. It is common ground between the parties that if the phrase 'brother' does not include a 'step-brother', the appeal must succeed and the suit for pre-emption, which has been filed by the step-brother of the vendor, must fail. But if the expression 'brother' includes a 'step-brother', the decision of the trial Court must stay and the appeal will fail.

(3.) NO other question, than the one indicated above, arises for determination; and it is not necessary to set out the facts of the case.