PRABHU DAYAL Vs. MAHADEV NATH

JUDGEMENT

(1.) THESE are certain Khasras of agricultural land measuring in all 4 Bighas and 13 Biswas in village Chharsa. Half of this land belongs to Amarnath respondent 4 and the other half belongs to Mahadevnath, Balunath and Narain Nath respondents Nos. 1 to 3 respectively. Respondents No 2 and 3 sold their share of land in favour of defendant petitioner Prabhu Dayal by means of registered sale-deed dated 24-9-69. This led to the filing of the suit by respondent No. 1 Mahadevnath upon the basis of right of preemption. Defendant Prabhudayal in his written statement inter alia pleaded that the sale being in respect of Khatedari right only, the suit was not maintainable as according to him provisions of Rajasthan Act, 1966 (hereinafter referred to as 'the Act') are not applicable to agricultural lands. The lower court in this respect framed issue No. 6 as under : "6 Is the present suit not maintainable?" It found favour with the plaintiff while deciding this issue on 25. 5. 70. Hence this revision.

(2.) THE only point involved in this revision is whether what has been sold to the petitioner is pre-emptible.

(3.) THE result of the above discussion is that Khatedari rights in the agricultural land like any other immovable property can be held, enjoyed and disposed of. It is heritable as well. Its sale is in fact sale of the ownership of such land and as such the plaintiff's suit for pre-emption of the disputed property is maintainable.