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Jagat Singh Vs. Jai Dev - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 816 of 1968
Judge
Reported inAIR1977SC2090; (1976)4SCC820
ActsPunjab Pre-emption (Repeal) Act, 1973
AppellantJagat Singh
RespondentJai Dev
Cases Referred(Amarjit Kaur v. Pritam Singh).
Excerpt:
.....of land as her onefourth share and that 12 acres of land had been transferred through registered sale deed far adequate consideration and in good faith and the land to that extent should be excluded from the holding while determining the surplus land and that the determina- tion of the surplus land should be made on the basis of the share held by each of them as an individual tenure-holder. the prescribed authority held that there was no surplus land that could be claimed from the holding in question since none of the heirs of deceased tenure-holder was in possession of the land in excess of the ceiling area. the appeal by the state government against the order of the prescribed authority was dismissed by the civil judge holding that smt. anma begum could not be treated as a..........within the territorial limits of the punjab state, the result is that the lands covered by the sale deed, in so far as they lie within the state of punjab, cannot be subjected to the right of pre-emption of the plaintiff. the decree which he has secured in enforcement of such a pre-emption right, must fail and the suit, to the extent to which the lands lie within the state of punjab, must be dismissed.3. both sides agree that so far as the lands which lie within the haryana state - a part of the lands sold is within the haryana state will - not be affected by the punjab pre-emption (repeal) act 1973 and that the sale deed so far as that land is concerned, will not stand.4. thus, in so far as the lands in punjab state are concerned, the sale deed is valid and the lands which lie.....
Judgment:

V.R. Krishna Iyer, J.

1. The point Involved in this ease is specifically covered by a decision rendered by this Court in : [1975]1SCR605 (Amarjit Kaur v. Pritam Singh).

2. The action is one for pre-emption and the son of the vendor is the preemptor, who is the plaintiff in the trial Court and respondent before us. The vendee, defendant is the appellant before us. The right of pre-emption has now been taken away by Section 3 of the Punjab Pre-emption (Repeal) Act, 1973. This operates only within the territorial limits of the Punjab State, The result is that the lands covered by the sale deed, in so far as they lie within the State of Punjab, cannot be subjected to the right of pre-emption of the plaintiff. The decree which he has secured in enforcement of such a pre-emption right, must fail and the suit, to the extent to which the lands lie within the State of Punjab, must be dismissed.

3. Both sides agree that so far as the lands which lie within the Haryana State - a part of the lands sold is within the Haryana State will - not be affected by the Punjab Pre-emption (Repeal) Act 1973 and that the sale deed so far as that land is concerned, will not stand.

4. Thus, in so far as the lands in Punjab State are concerned, the Sale Deed is valid and the lands which lie within the Haryana State are concerned, the Sale Deed is bad. The result is that the decree granted in favour of the plaintiff/ respondent by the High Court will, in so far as it relates to the Haryana lands, stand since the sale, as we have observed, to that extent is bad. The rest of the decree will not stand and is hereby set aside. The decree of the High Court will be modified in this manner. Parties will bear their own costs throughout.


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