MAKHAN Vs. DIN MOHD

JUDGEMENT

(1.) THIS is civil second appeal filed by Makhan defendant against the judgment and decree of the Additional District Judge, Poonch. The facts which gave rise to this appeal briefly stated are these ; -

(2.) IN this second appeal it is argued on behalf of the defendant appellant that the Courts below have erred in holding that by virtue of amended section 14 of the Right of Prior Purchase Act the plaintiffs right to purchase the property was superior to that of the landlord, as the amended section of Prior Purchase Act has made section 60 of the Tenancy Act inoperative. I have gone through the judgment of the Additional District Judge. He has relied upon section 14 of the Right of Prior Purchase Act as amended by Act No. 23 of 1959 and has remarked that this section was amended with the specific intention of protecting the right and the interests of the tenants and so the assertion of right by the tenants was in accordance with law after it had been amended. The tenants had the preferential right of purchase as against Makhan landlord in this case, as has been proved by the evidence of the Patwari. Section 14 of the Right of Prior Purchase Act as amended reads as under : - ¢

(3.) R held, by all the co sharers jointly -