THOILU Vs. KRISHAN GOPAL

JUDGEMENT

(1.) "Whether a stepson can claim a right of pre-emption under Section 15(1)(a), Punjab Pre-emption Act, 1913 (as amended up to date), hereinafter referred to as 'the Act' in respect of sale of self-acquired agricultural land effected by his stepmother" is the short and sole question which falls for consideration in this regular second appeal filed at the instance of the plaintiff whose claim to preempt such a sale has been negatived by both the Courts below.

(2.) The plaintiff-appellant is the son of one Mahantu by his first wife. Mahantu performed his second marriage with one Jaiwanti. Smt. Jaiwanti owned some land as her self-acquired property in the sense that She had not inherited the same. She sold this land to the present respondents. The plaintiff-appellant thereupon filed his suit giving rise to this appeal to pre-empt that sale. He claimed his superior right of preemption of the solitary ground that he was the stepson of the vendor Smt. Jaiwanti.

(3.) As stated earlier both the Courts below have ruled that the stepson of a female vendor has no right to pre-empt a sale made by her in respect of her self-acquired property.