RAM SARAN DASS Vs. GURMUKH RAM AND ORS.

JUDGEMENT

(1.) THE two questions, hereinafter mentioned, relating to jurisdiction of civil Courts in pre -emption suits have been raised in this case by Shri Jagan Nath Kaushal, learned Counsel for the Defendant -Petitioner, in the following circumstances:

(2.) THE Plaintiff -Respondents, hereinafter called the preemptors, were directed by the trial Court on February 25, 1969, to deposit one -fifth of the pre -emption money amounting to Rs. 17,950 on or before March 25, 1969. This order was passed in exercise of the trial Court's jurisdiction under Section 22(1) of the Punjab Preemption Act (Act 1 of 1913), hereinafter referred to as the Act, which provision reads - -

(3.) IN spite of my upholding the second contention of Shri Kaushal, I have to decide about the validity of his first argument also, because my decision on that point will lead to the grant of materially different relief. If it is found that the trial Court had no jurisdiction to grant the application presented after April 8, 1969, the plaint of the suit of the pre -emptors shall have to be rejected under Sub -section (4) of Section 22 of the Act and the Court would have no choice in the matter. If however, the finding of the trial Court on the question of the maintainability of the application is upheld, the matter will have to go back to the trial Court for being re -adjudicated upon in accordance with law. I, therefore, proceed to decide the first point also.