MANZOOR HUSSAIN Vs. VED PAL

JUDGEMENT

(1.) Ved Pal claimed pre-emption on the ground that he was father's brother's son of the vender as well as co-sharer. The trial Court decreed the suit after recording finding on both appellate Court in view of Atam Parkash v. State of Haryana, 1986 AIR(SC) 859, did not upheld the decree of pre-emption on the ground of relationship but upheld the decree as a co-sharer. This is vendee's appeal.

(2.) It is beyond dispute that the right of pre-emption as a co-sharer falls in section 15(i)(b) 'THIRDLY' and in view of Jagdish and others v. Nathi Mal Kejriwal and others, 1987 AIR(SC) 68, even as co-sharer such a relation cannot pre-empt.

(3.) For the reasons recorded above, the appeal is allowed and after setting aside the judgments and decrees of the two Courts below the suit for pre-emption is dismissed with no order as to costs.