BHAG SINGH Vs. BHAJAN SINGH AND ANOTHER

JUDGEMENT

(1.) THIS second appeal is directed against the concurrent decisions of the Courts below decreeing the tenants suit for pre -emption of the land of which he was a tenant.

(2.) THE sale which has been pre -empted was made on the 29th of May, 1961. The suit was filed on the 29th of May. 1962. The vendee's defence was that the plaintiff was not a tenant of the land in dispute. It was further maintained that the plaintiff had to maintain the relationship of landlord and tenant both at the time of the suit as well as at the time of the decree. This matter is not res integra. It has been held in three decisions of this Court in Chuhar Ram v. Kashmiri Lal, (1966) 67 P.L.R. 25 (S.N ), Sohan Singh v. Udho Ram and others : (1967)69 P.L.R. 414, and Gurbachan Singh and others v. Bhagat Singh and others, (1968)70 P.L.R. 553, that if the tenant is in possession of the land at the date of the sale that would be enough to enable him to get a decree.

(3.) FOR the reasons recorded above, this appeal fails and is dismissed, but there will be no order as to costs.