Judgment :

Dr. Arijit Pasayat, J.

1.1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the

Punjab and Haryana High Court dismissing Second appeal filed by the appellant in terms of Section 100 of the Code of Civil Procedure, 1908 (in short the ‘CPC). The basic question considered by the High Court was whether sale of a specific portion of a land described by particular Khasra numbers by a co-owner out of the joint khewat would be a sale of shares out of the joint land or whether the vendees become co-owners with other co-sharers in the joint land, in the event of their becoming co-owners, the sale is pre-emptible under Section 15(1)(b) of Punjab Pre-emption Act, 1913 (in short the ‘Act).

2.3. Background facts essentially are as follows:

Vendor (Bhartu) sold the land measuring 20 kanals, being 400/3723 share out of the total land measuring 186 kanals 3 marlas vide registered sale deed dated 11.4.1990 to the appellants for a consideration of Rs.1,80,000/-. Gurmej Singh-respondent filed a suit for possession by way of pre-emption, wherein it was pleaded that the vendor had sold the land measuring 20 kanals out of the joint Khewat. Accordin