BUDH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) House No. 1385-1386-B-IV, situate in Duni Chand Road, Ambala City was owned by four brothers and the separate portions of it were occupied by Budh Ram, Des Raj, and Bindraban as tenants. The owners vide four separate sale deeds sold the entire house to Dev Samaj College for Girls (Lahore), (for short 'the College'), Ambala City, in June, 1977. Budh Ram and Des Raj filed separate suits to pre-empt the sale on the ground that there was a custom of pre-emption prevalent in the city of Ambala and particularly in the locality/sub-division where the house was situate under which a tenant had a right to pre-empt in regard to the property sold or part thereof. The suits were contested by the College. During the pendency of the suits, the College produced a notification dated 22nd May, 1980, before the trial Court by which in exercise of the powers under Section 8(2) of the Punjab Pre-emption Act, 1913 (for short, 'the Act'), the Haryana Government declared that no right of pre-emption shall exist in respect of the sale of the house in dispute, and prayed that the suit be dismissed.

(2.) Des Raj filed C.W.P. No. 3071 of 1980 in this Court, to challenge the notification which was dismissed in limine on 3.9.1980 and dismissal was challenged in appeal to Supreme Court in Civil Appeal No. 3923 of 1983. By order dated 5.4.1983 the order of the High Court was set aside and the writ was sent back to the High Court for expeditious disposal on merits.

(3.) Budh Ram tenant directly moved the Supreme Court to challenge the validity of the notification but he was directed to move the High Court. His C.W.P. No. 995 of 1983 was dismissed in limine on 31.3.1983 in view of the earlier order passed in Des Raj's Writ No. 3071 of 1980. The Supreme Court allowed Budh Ram's appeal as well in view of order passed in Des Raj's case and by order dated 8.8.1983 sent back the matter to the High Court for decision on merits. This writ petition was ordered to be heard along with C.W.P. No. 3071 of 1980 and that is how both the writ petitions have come together for final disposal as identical points are involved.