Judgement

RAMASWAMI, J. : These appeals are brought by special leave on behalf of the defendants against the judgment of the Punjab High Court dated 27th July, 1965, in Letters Patent Appeals Nos. 13 and 14 of 1965.

2. Dhara Singh, respondent No. 2 executed three sale deeds with regard to lands at village Bhadani, Tehsil Jhajjar, Rohtak in favour of the appellants in all the three appeals. The first sale was of land measuring 27 kanals and 4 marlas dated September 20, 1960, the second was of land measuring 36 kanals and 19 marlas dated November 23, 1960 and the third was of land measuring 33 kanals and 18 marlas dated March 6, 1961. Neki deceased, who was the father s brother of Dhara Singh, vendor, instituted three suits in the court of Subordinate Judge at Jhajjar for possession of the aforesaid lands covered by the three sales on the ground that he had a superior right of pre-emption on the basis of his relationship with the vendor as against the appellants under Section 15 (1) (a) of the Punjab Pre-emption Act, 1913 (Punjab Act 1 of 1913). These suits were contested by the appellants. After hearing the contentions of the rival parties, the Subordinate Judge granted decrees in all the three suits in favour of the plaintiffs. In suit No. 311 of 1961 the decree stipulated that the plaintiff should deposit the amount of Rs. 3500/- in court on or before 15th January, 1963. In Suits Nos. 368 and 369 of 1961 the condition was that the plaintiffs should make the deposit of Rs. 5,000/- and Rs. 7,000/- respectively in court on or before 15th January 1963. The appellants took the matter in appeal before the Senior Subordinate Judge who by his judgment dated 30th January 1963 dismissed the appeals against the decrees in suits Nos. 313 and 369 of 1961 and modified, the decree in suit No. 368 of 1961 to the extent that the plaintiff was called upon to deposit a further sum of Rs. 2,000/-on or before 1st March, 1963. The appellants preferred regular second appeals Nos. 280, 281 and 282 of 1963 in the High Court against the decrees and Judgment of the Senior Subordinate Judge, Rohtak. The plaintiffs also preferred in the High Court appeal No. 830 of 1983, against the increase made in the price of the land by the Senior Subordinate Judge, Rohtak in the appeal arising out of decree in suit No. 368 of 1961. While the appeals were pending in the High Court, Neki plaintiff died on April 7, 1963. After his death, the appellants vendors in the three regular appeals moved applications under O. 22, R. 1 of the Civil Procedure Code to bring on record of the appeals the legal representatives of Neki deceased plaintiff, namely, Dhara Singh, Ramkishan and Balbir Singh. All the four appeals were heard and dismissed by Mr. Justice Khanna by his judgment dated 17th September, 1964. The appellants preferred appeals under the Letters Patent which were dismissed by a Division Bench of the Punjab High Court by a common judgment, dated 27th July, 1965.

3. The claim of Neki for pre-emption was based on Ss. 14 and 15 (1) (a) of the Punjab Pre-emption Act 1913 (Punjab Act 1 of 1913) Section 14 states :-

"No person other than a person who was at the date of sale a member of an agricultural tribe in the same group of agricultural tribes as the vendor shall have a right of pre-emption in respect of agricultural land sold by a member of an agricultural tribe".

Section 15 (1) (a) reads as follows :-

"The right of pre-emption in respect of agricultural land and village immovable property shall vest :-

(a) where the sale is by a sole owner:-

FIRST, in the son or daughter or son s son or daughter s son of the vendor;

SECONDLY, in the brother or brother s son of the vendor;

THIRDLY, in the father s brother or father s brother s son of the vendor;

FOURTHLY, in the tenant who holds under tenancy of the vendor the land or property sold or a part thereof "

The Punjab Pre-emption Act, 1913 was amended by Punjab Act 10 of 1960 and S. 6 of the amending Act inserted a new S. 31 in the Princ