SURAT SINGH Vs. PREMA

JUDGEMENT

(1.) This revision petition is directed against an order dated 31st January, 1987 passed by the learned Sub-Judge 3rd Class, Gurgaon. An application under section 28-A of the Punjab Pre-emption Act, 1913 , as applicable to the State of Haryana (for short 'the Act') filed by the plaintiff-petitioners was dismissed.

(2.) The facts in brief are that out of the joint holdings one jangli sold his share of the land in dispute to Prema defendant-respondent No. 1 vide sale deed dated 4th September, 1984. The petitioners filed Civil suit No. 124 of 1985 on 3rd September, 1985 for possession by way of pre-emption of the said sale on the ground that they are the co-sharers, of the land which was the said sale on the ground that they are the co-sharers,namely, Jai Narain etc. sold their share of the land in dispute to defendant-respondent No. 1 vide sale deed dated 15th January, 1984. The petitioners, therefore, filed another Civil suit No. 129 of 1985 on 14th October, 1985 for pre-empting the said sale. Both these suits are pending in the trial Court.

(3.) The prayer of the petitioners before the trial Court was that proceedings in the first suit No. 124 of 1985 should be stayed. They invoked the provisions of section 28-A of the Act. Leaned counsel for the petitioners sought to rely on a judgment of this Court in Indraj v. Ami Lal and others, 1988 1 RRR 342 , to contend that the first suit ought to have been stated. In my view the learned trial Court has rightly declined the prayer of the petitioners. Reliance on Indraj's case is misplaced. It has been clearly held therein that the language of section 28-A the Act provides that the court shall not decide the claim or plea until the earlier suit in which the title to such land or property which is liable to be determined by the enforcement of a right of pre-emption with respect to it is finally decided.