CHHAJU RAM Vs. BADHAWA RAM

JUDGEMENT

(1.) AT the request of counsel for the parties, the Regular Second Appeal is taken on Board for final disposal.

(2.) THIS regular second appeal arises out of a suit filed by plaintiff (respondent herein) for possession of suit land by way of pre-emption. Plaintiff alleged that he is a co-sharer in the land in dispute and thus, entitled to pre-empt the sale. Suit on contest by the defendant-deceased, now represented by his legal representatives (appellant herein), was decreed by the trial Court. In appeal, the learned Additional District Judge affirmed the judgment and decree of the trial Court and in consequence thereof, suit of the plaintiff for possession by way of pre-emption on the ground that he is a co- sharer and has a superior right against he defendant who is a stranger was decreed. Hence, this second appeal.

(3.) ON going through the amendment, referred to above and the two judgments of the Apex Court, namely, Karan Singh and Others v. Bhagwan Singh (dead) by LRs., 1996 P.L.J. 89 : 1996(2) RRR 105 (SC) and Ramji Lal v. Ghisa Ram etc., 1996 P.L.J. 191 : 1996(2) RRR 456 (SC), I am of the view that the plaintiff has no right to pre-empt the sale in question as under the Haryana Amendment Act No. 10 of 1995, a co-sharer no longer has a right to pre-empt the sale of the agricultural land. As per the amendment, the only person entitled under the amended law to avail the right of pre-emption is the tenant.