JHABBU Vs. MULTAN SINGH AND OTHERS

JUDGEMENT

(1.) IN this second appeal against the judgment and decree of the learned Senior Sub Judge, Bhlwant, dated December 20, 1977, the only point involved is as to whether on the death of the plaintiff -pre -emptor Amra in the trial Court the right to sue survives to his legal representatives and a decree of pre -emption could be passed in their favour.

(2.) THIS matter has been concluded by a Division Beach of this Court in Gurdev Kaur and others v. Smt. Chand Kaur and others : A.I.R. 1971 P&H. 416 wherein it was held that the right of pre emption runs with the land and hence the legal representatives of a deceased pre -emptor can continue the suit filed by him. The appeal, however, was admitted as the learned counsel for the appellant challenged the correctness of this Division Bench decision.

(3.) CONSEQUENTLY I do not find any reason to doubt the correctness of the Division Bench decision in Gurdev Kaur's case (supra) with the result that this appeal fails and the same is hereby dismissed but without any order as to costs.