Judgement

UNTWALIA, J.:- This appeal by special leave arises out of a suit for pre-emption filed by the appellants under Section 15 of the Punjab Pre-emption Act 1913 - hereinafter called - the Pre-emption Act. The suit land is situated in the State of Haryana to which the provisions of the Act aforesaid are still applicable.The land belonged to Smt. Shanti, respondent No. 3. The appellants were the tenants of the disputed land under her. She sold the land to respondents 1 and 2 on the 21st June,1965. The land sold measured 176 kanals 4 marlas. The plaintiffs claimed the right of pre-emption in respect of the agricultural land in suit in accordance with clause Fourthly of Section15 (1) (a) of the Pre-emption Act The suit was resisted by the vender-respondents on several grounds. It was decreed by the trial Court on the 20th June, 1967 in respect of a portion of the land. measuring 157 kanals 2 marlas. The vendees appeal in the First Appellate Court failed on the 20th April, 1968. They succeeded, however, in the High Court of Punjab & Haryana on the basis of the decision of this Court in Bhagwan Das v. Chet Ram. (1971) 2 SCR 640. A learned single Judge of the High Court allowed th