NAND RAM Vs. PEHLAD SINGH AND OTHERS

JUDGEMENT

(1.) THIS regular second appeal filed by the plaintiff, arises out of a suit for possession by way of Preemption.

(2.) THE brief facts are that agricultural land measuring 27 Kanals and 6 Marlas situated at Village, Batoal, Tehsill Rewari, was sold by Rura Ram and Smt. Jiwani, who are brother, and sister, in favour of the vendees in lieu of Rs. 8, 500/ vide registered sale deed, dated 6th May, 1966. The said sale was sought to per empted by Nand Ram claiming himself to be the co -sharer in the Khata out of which the disputed and was sold. The suit was contested by the defendant vendees and before the issues could be framed, Kura Ram, the next friend of minor plaintiff made a statement that Smt. Jiwani vendor had inherited the land in dispute from her brother Chiranji. In face of this statement of the next friend of the plaintiff, the vendees argued that the, suit of the plaintiff was not competent as the plaintiff has no right under section 15 (2) (a) of the Punjab Pre -emption Act, 1913, by which the sale is covered. Both the Courts below have held that the plaintiff had no right of action, as Smt. Jiwani had inherited the property from her brother, and, therefore, under clause (a) of section 13 (2), the plaintiff has no right to preempt the same.