Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1913 Punjab Pre-emption Act Suit for possession Right of pre-emption |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Punjab Pre-emption Act, 1913 (1 of 1913) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Punjab Pre-emption Act, 1913: ss. 4, 15, 19, 20 , 21 – Punjab Land Revenue Act, 1887 – ss. 118, 121, 123 – Right of pre-emption – Suit for possession of the suit lands by the respondent against the appellants-buyer, on the ground that he as a co-sharer in the joint khewat along with the owner-vendor had a superior right to pre-empt the sales, and that he was not put to any notice of sale of the suit lands to the appellants by the owner-vendor – Dismissed by the trial court on the ground that khewat had remained no more joint as per the order passed by the Revenue Officer in partition matter filed during the pendency of the suits – First appeal also dismissed – However, the High Court allowed the appeals on the ground that on the date of the passing of the decree, no instrument of partition was drawn by the Revenue Officer, and thus, the joint status of the parties had not come to an end and respondent had not lost his superior right of pre-emption – On appeal, held: Plaint was loosely drafted, the respondent neither pleaded as to how he was the co-sharer, nor impleaded the owner of the suit lands, with whom he claimed to be the co-sharer – Once the decision on the property to be divided and on the mode of partition is taken by the Revenue Officer u/s.118, the joint status of the parties would stand severed on the date of such decision, subject to the decision in appeal if any – Consequential action of drawing an instrument of partition would follow thereafter – Thus, merely because the instrument of partition was not drawn, it could not be said that the partition was not completed or that the joint status of the parties was not severed – Joint status of the parties came to an end, when the Assistant Collector passed the order and when the same was confirmed by the Collector – Trial court and the appellate court rightly held that the respondent did not possess the status of co-sharer on the date of decree and that his right of pre-emption had not survived till the date of passing of the decree in the suits – Thus, the order passed by the High Court quashed and set aside. Pre-emption: Right of pre-emption – General principles – Explained. Code of Civil Procedure, 1908: Ord. VI r.2(1) – Cardinal rule of pleadings – Reiterated. Ord. I r.10 – Necessary party/ proper party – Non-impleadment of. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 373 |
Petitioner | Jhabbar Singh (deceased) Through Legal Heirs & Ors. |
Respondent | Jagtar Singh S/o Darshan Singh |
SCR | [2023] 3 S.C.R. 564 |
Judgement Date | 2023-04-17 |
Case Number | 1497 |
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