RAM CHANDER Vs. BHIM SINGH

JUDGEMENT

(1.) WE are called upon, to resolve an apparent difference of opinion between the ratio of two Full Bench Judgments, namely, Lachhman Singh v. Pritam Chand, 1970 PLR 341 and Bhartu v. Ram Sarup, 1981 PLJ 204, the former holding that purchase of land from a joint khewat by reference to specific kila/khasra numbers contained in specific rectangles would not confer the status of a co-sharer in the entire joint khewat upon the vendee and the latter holding to the contrary. Before we proceed to answer the reference, it would be appropriate to briefly narrate the facts of the present case so as to place the entire controversy in its correct perspective.

(2.) SMT . Kitabo and Smt. Jagwanti were joint owners of agricultural land measuring 26 kanals 11 marlas, bearing Khewat No. 78, Khatoni No. 127, Rectangle Nos. 30, 31, 32 and 1471. They sold land measuring 14 kanals 4 marlas to Bhim Singh, the plaintiff/respondent, from Khewat No. 78, Khatoni No. 127, Rectangle No. 30/6/2/2(3-6), 15/2/2(1-7), Rectangle No. 31/12/1(1-6), 19/2(2-4), Khatoni No. 129, and from Killa No. 31/12/2(6-1), pursuant to a registered sale deed, dated 30.12.1988. They thereafter sold land measuring 11 kanals 7 marlas to Ram Chander, the appellant-defendant, vide registered sale deed, dated 27.3.1989 from Khewat No. 78, Khatoni No. 127, Rectangle No. 32.

(3.) THE learned trial Court held that as the respondent/plaintiff had purchased land from a joint khewat, he had become a co-sharer in the entire khewat, and the fact that his sale deed evidenced purchase of specific killa numbers from Rectangle Nos. 30 and 31 would not disentitle him to preempt the sale, made in favour of the defendant from Rectangle No. 32. The trial Court placed reliance, for its conclusions, upon the Full Bench judgment in Bhartu v. Ram Sarup's case (supra). Aggrieved by the aforementioned judgment and decree, the appellant-defendant filed an appeal.