HAKIM Vs. SANTU

JUDGEMENT

(1.) THE only point for consideration in this case is as to whether the notification No. 4662, dated 6th March, 1917, issued under Section 8 (2) of the Punjab Pre emption Act, 1913, is still alive and operative or has been impliedly repealed by substituted and amended Section 15 of the Punjab Pre emption (Amendment) Act No. 10 of 1960. This question has arisen in the following circumstances: One Dagu sold land measuring 38 kanals 12 marlas with share in Shamilat along with one house (as detailed in the plaint) situate in Tika Jagatkhana Mauza Thara, Tahsil Hamirpur, District Kangra to Santu and others, sons of Asa, respondents (defendants) by a registered sale deed, dated 28 4 1959, for Rs. 6,000.

(2.) GOKAL plaintiff (appellants are legal representatives of Gokal plaintiff) filed a suit for possession by pre emption on the ground that he was an agnate of Dagu vendor, within four degrees and was also a co sharer in the Khata and for this reason he had a preferential right of pre emption. It was also alleged that the sale price had not been fixed in good faith or actually paid and therefore the plaintiff was entitled to pre empt the sale on payment of the market value of the property. The suit was contested by the vendees respondents. On the pleadings of the parties the following preliminary issue was framed on 26 10 1960: <JGN>H.S.Thakur,T.R.Handa,V.P.Gupta</JGN>

(3.) THE Sub Judge dealt with these objections of the defendants and decided the issue against the plaintiff, with the result that the plaintiff's suit was dismissed with costs on 7 12 1960.