TALWINDER SINGH Vs. RUPINDER SINGH

JUDGEMENT

(1.) PLAINTIFF filed a suit for pre -emption on 7.11.1984 contending that he was a co -sharer and had a preferential right to preempt sale dated 11.11.1983 for a consideration of Rs. 44362/ -.

(2.) THE defendant controverted the facts alleged by the plaintiff and various other legal pleas were taken. The trial Court found that the plaintiff had a superior right of pre -emption on the date he filed the suit. He lost that right during the pendency of the suit as preliminary order of partition of the land in dispute had been passed by the Assistant Collector on 23.9.1986. Since the pre -emptor had lost the right of pre -emption on the date of the decree, the suit was dismissed.

(3.) LEARNED counsel for the defendant -appellant has contended that the appellate court had no jurisdiction to take notice of the order dated 6.4.1987. The appellate court could only determine the legality or validity of the decree passed by the trial Court. Since the order dated 23.9.1986 was in existence on the date of the decree, the plaintiff had no superior right of pre -emption surviving on the date of the decree and the decree for pre emption was validly declined. Learned counsel has relied upon Ramji Lal Ram Lal and another v. State of Punjab through Secretary to Government of Punjab, Revenue Department and others, A.I.R. 1966 P&H. 374, State of Punjab v. Ramji Lal and others : A.I.R. 1971 S.C. 1228 and State of Haryana and others v. Vinod Kumar and others, (1986 -1) 89 P.L.R. 222 (F.B.).