DALEEP SINGH Vs. SUKHDEO SINGH

JUDGEMENT

(1.) THIS is a first appeal by the legal representatives of the deceased Daleep Singh against the judgment and decree of the Additional District Judge, Ganganagar, dated 5-6-70 in a suit for preemption.

(2.) THE relevant facts giving rise to this appeal are that the deceased-plaintiff Daleepsing instituted a suit for possession by preemption of certain agricultural land situated in Chak No. 9ff. tehsil Karanpur, which had been sold by Gurdayal Singh and Mst. Kartar Kaur to Sukhdeo Singh and Baldeo Singh by a deed dated 20-1-67. THE preemption was claimed on the ground that the plaintiff was a cosharer or a partner in the property transferred while the vendees were strangers. Various pleas were raised in defence by the vendees, one of which was that the land in dispute being a Khatedari land was sold under the provisions of the Rajasthan Tenancy Act, 1955, the sale of such land was not pre-emptible under the Rajasthan Preemption Act, 1966 (Act No. I of 1966), hereinafter called as the Act. THE learned Additional District Judge in whose court the suit was instituted framed certain issues, of which issue No. 2 was whether the land in dispute is a Khatedari land and it was sold under the provisions of the Rajasthan Tenancy Act, and if so, is the Rajasthan Preemption Act not applicable ? As this issue went to the root of the case, the learned Additional District Judge heard arguments on behalf of both the parties and decided the issue against the plaintiff and dismissed the suit without deciding the other issues. THE learned Additional District Judge has. held that the provisions of the Act do not apply to the transfer of agricultural lands involving transfer of tenancy rights and therefore the right of pre-emption does not arise as a result of such transfer. Aggrieved by the Said judgment and decree, the legal representatives of the deceased-plaintiff Daleep Singh who died during the pendency of the suit, have preferred this appeal.