ORDER :

1. Leave granted.

2. The present appeals take exception to the common judgment dated 31.08.2018 passed by the High Court of Punjab & Haryana at Chandigarh in R.S.A. No. 2241 of 1991 titled “Ram Kishan and another v. Daya Nand and others” and R.S.A. No. 2242 of 1991 titled “Siri Bhagwan and others v. Daya Nand and others”.

3. The High Court by the impugned judgment has upheld the judgment of the first appellate court, decreeing the suit for pre-emption filed by the plaintiffs, Daya Nand (deceased) and others. Aggrieved, the defendant -purchasers, Ram Kishan and another; and Siri Bhagwan and others have preferred the present appeals. Trial court vide judgment dated 31.10.1990 had dismissed the suits.

4. The impugned judgment is predicated on the legal position that status of co-sharers ceases to exist only after the final partition is affected on the execution of the instrument of partition under Section 121 of the Punjab Land Revenue Act, 1887,¹[For short “the Revenue Act”], an enactment also applicable to the State of Haryana. This view and legal position are erroneous.

5. In the recent decision in “Jhabbar Singh (Deceased) Through Legal Heirs and Others v. Jagtar Singh”, (2023)