GANGA RAM Vs. ISHAR SINGH

JUDGEMENT

(1.) This is a second appeal from the judgment of the learned Senior Subordinate Judge of Jullundur affirming on appeal the decision of the Subordinate Judge of Nawanshahr dismissing the plaintiff's suit for possession of 2 kanals and 12 marlas of land by means of pre-emption.

(2.) The land in dispute was sold on 13-6-1941 by Gahia defendant 2 to Ishar Singh defendant 1 for a consideration of Rs. 180. The plaintiff sued to pre-empt the sale on the ground that the land had orginally been gifted by his father Natha to Gahia, that the land in the hands of Natha was ancestral qua him, and that on the extinction of Gahia's line it would revert to him as the son of the original donor. Both the Courts below have held that on the extinction of Gahia's line the land in suit will revert to the plaintiff as a son of the donor. They have, however, dismissed the suit on the ground that such right of reversion did not make the plaintiff a person entitled to inherit the land sold on the death, of the vendor within the meaning of Sub-clause "thirdly" in Clause (b) of Section 15, Punjab Pre- emption Act.

(3.) After hearing the learned Counsel for the respondent at length I am of the opinion that the judgment of the learned Senior Subordinate Judge cannot be sustained. It having been held that the gift by Natha to Gabia was a revertible gift and that on the extinction, of the donee's line the land gifted must revert to the line of the donor, the plaintiff as the son of the donor is quite obviously a person entitled to inherit the land sold on the death of the vendor. The right of pre- emption has been given by the statute to all persons who might inherit the land on the death of the vendor and not merely to the nearest heir or to the person having an immediate right to succeed. Accordingly where the property sold has come to the vendor by means of a revertible gift, or has devolved upon him from a lineal descendant who acquired it by means of such a gift, all descendants or collaterals of the donor who may possess the right to claim the benefit of the doctrine of reversion must be regarded as falling within the category of the person "who but for such sale would be entitled, on the death of the vendor, to inherit the land or property sold" who have been given, by Sub-clause "thirdly" of Clause (b) of Section 15, Punjab Pre-emption Act, a right to pre-empt the sale.