JEET SINGH Vs. JAGAN SINGH

JUDGEMENT

(1.) These two appeals (second appeals) arise out of two suits, one filed by the appellants in these two appeals and the other by respondent no.3 herein, i.e. Kartar Singh, with the plaintiffs in both suits seeking possession of the suit property on the basis of preemptory rights contended to be vested in each of them, on the ground that each of the plaintiffs was also a co-sharer in the suit property and therefore, the two sale deeds executed on 1.6.1990 by one Sher Singh in favour of respondents no.1 and 2 in each of these two appeals, i.e. Jagan Singh and Maghar Singh, deserved to be cancelled upon the plaintiffs paying an amount of L80,000.00 in respect of one sale and Rs.1,20,000.00 in respect of other sale, (though not Rs.1,65,000.00 as was shown to be the consideration amount in those deeds, the said amount contended to be 'inflated').

(2.) The plaintiff in each of the two suits, i.e. Civil Suit no.259 of 1991 and Civil Suit 656 of 1991, was impleaded as defendant no.3 in the suit filed by the 'other plaintiff', showing the third defendant (plaintiff in the other suit), as a rival preemptor.

(3.) Both the suits having been decreed in favour of the plaintiff in each, with the trial Court holding that being co-sharers, they had a prior right of purchase in terms of Sec. 15(1)(c) of the Punjab Preemption Act, 1913, the said judgment and decrees were challenged by respondents no.1 and 2 in these 2 appeals, i.e. by Jagan Singh and Maghar Singh, by way of 3 separate appeals, with the first appellate Court having held that one of the appeals (Civil Appeal no.20 of 1995 before it), had been rendered infructuous, whereas the other two appeals were allowed on the ground that Sec. 15(1)(c) of the aforesaid Act stood amended w.e.f. 17.5.1995, with the preemptory right of a co-sharer to purchase land on that ground, having been 'divested'.