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2001 DIGILAW 1322 (SC)

Mange Ram v. Ram Chander

2001-08-14

B.N.AGRAWAL, V.N.KHARE

body2001
ORDER : 1. Delay condoned. 2. The defendant-appellants herein purchased land by a registered sale deed on 17.1.1987. Subsequently, the plaintiff-respondent herein brought a suit for possession by way of preemption. The said suit was decreed. An appeal filed against the said decree was dismissed and the second appeal was also dismissed by the High Court. It is against the said judgment the defendant-appellants preferred this appeal. 3. The only contention raised is, whether a sale of a specific portion of Khasra is hit by right of pre-emption under Section 15(1)(b) of the Punjab Pre-emption Act as applicable to State of Haryana. A Full Bench of Punjab and Haryana High Court in Bhartu vs. Ram Sarup, 1981 PLJ 204 held that a sale of specific portion of land described by the particular Khasra numbers by a co- owner out of the joint Khewat would be a sale of share out of the joint Khewat and pre-emptible under Section 15(1)(b) of the Act. 4. We are in agreement with the view taken by the Full Bench of Punjab High Court in Bhartu vs. Rain Sarup (supra). Consequently, the appeal fails and is accordingly dismissed. There shall be no order as to costs. 5. The purchase money deposited by the plaintiff before the trial Court under Order 20 Rule 14 shall be paid to the defendant-appellant. 6. The civil appeal is dismissed. There shall be no order as to cost. Appeal dismissed.