DES RAJ BANSAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the order of learned single Judge whereby he dismissed the writ petition filed by the appellant in which a challenge was made to a notification dt. May 22, 1980 issued under sub-sec. (2) of S.8 of Punjab pre-emption Act, 1913 (for short, referred to as the "Act") by the State of Haryana to the effect that no right of pre-emption shall exist with respect to the sale of House No. A.M.C. 1385-86, Block Number 4, Duni Chand Road, Nai Basti, Ambala City, made by Sarvshri Kuldip Singh, Sewa Singh, Ajit Singh and Gurmukh Singh, joint owners of the aforesaid property by means of four sale deeds executed on the 14th June, 17th June and 22nd June, 1977, in favour of Dev Samaj College for Girls (Lahore), Ambala City, through Shri Prem Bal Khera, Principal of the said College, for the purposes of extension of the college building.

(2.) The matrix of this case is as under :- House No. 1385-86, Block No. 4, Duni Chand Road, Nai Basti, Ambala City, was owned by four brothers and a separate portion of it was occupied by Budh Ram, Des Raj and Bindrabhan as tenants. The owners through four sale deeds sold the entire house to Dev Samaj College for Girls (Lahore), 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 preemption prevalent in the City of Ambala and particularly in the locality/Sub Division where the house was situated 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, a notification dt. 22nd May, 1980, was issued by the Government of Haryana in exercise of powers u/s. 8(2) of the Act declaring that no right of pre-emption shall exist in respect of the sale of the house.

(3.) Des Raj filed C.W.P. No. 3071 of 1980 in this Court, to challenge the notification which was dismissed in limine on Sept. 3, 1980. On appeal to the Supreme Court, by an order dt. Aprl. 5, 1983 of the Apex Court, the order of this Court was set aside and it was ordered that the writ petition be disposed of on merits.