The term "brother" in Section 15(1)(a) secondly of the Punjab Pre-emption Act, 1913, does not include a step-brother.

D.K.Mahajan, J.

1. This appeal was posted for hearing before me on the 7th of November, 1966: and by my order of that date, I directed that this appeal be better heard by a Division Bench, in view of the importance of the question involved.

2. The only question, that requires determination in this appeal, is -- Whether the phrase brother in Section 15(1)(a) secondly of the Punjab Pre-emption Act, 1913 includes a step-brother. It is common ground between the parties that if the phrase brother does not include a step-brother, the appeal must succeed and the suit for pre-emption, which has been filed by the step-brother of the vendor, must fail. But if the expression brother includes a step-brother, the decision of the trial Court must stay and the appeal will fail.

3. No other question, than the one indicated above, arises for determination; and it is not necessary to set out the facts of the case.

4. In order to appreciate the contentions of the learned counsel for the parties, it will be proper to set out the provisions of Section 15 of the Punjab Pre-emption Act, 1913 (Punjab Act I of 1913) as well as the provisions of that very Section in the Punjab Pre-emption Act (Punjab Act 1 of 1913) as amended by Punjab Act 10 of 1980; and as further amended by Punjab Act 13 of 1964 (hereinafter referred to as the Act):-

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Section 15 of the Punjab Pre-emption Act. 1913 (Punjab Act T of 1913)Section 15 of the Punjab Pre-emption Act (Punjab Act I of 1913), as amended by Punjab Act 10 of 1960; and as further amended by Punjab Act 13 of 1964.

15. Subject to the provisions of section 14, the right of pre-emption in respect of agricultural land and village immoveable property shall vest 15. (1) The right of pre-emption in respect of agricultural land and village immoveable property shall vest (a) where the sale is by a sole owner or occupancy tenant or. in the case of land or property jointly owned or held, is by ail the co-sharers jointly in the persons in order of succession, who but for such sale would be entitled, on the death of the vendor or vedors. to inherit the land or property sold:(a) where the sale is by a sole owner, First, in the son or daughter sons son daughters son of the vendor; secondly, in the brother or brothers on of the vendor; thirdly, in the fathers brother or lathers brothers son of the vendor; fourthly, in the tenant who holds under tenancy of the vendor the land or property sold or a part thereof;

(b) where the sale is of a share out of joint land or property, and is not made by all the co-sharers jointly firstly, in the lineal descendants of the vendor in order of succession; secondly, in the co-sharers, if any, who are agnates, in order of succession; thirdly in the persons, not included under firstly or secondly, above, in order of succession, who but for such sale would be entitled, on the death of the vendor to inherit the land or property sold: (b) where the sale is of a share out of joint land or property and is not made by all the co-sharers jointly, First, in the sons or daughters or sons sons or daughters sons of the vendor or vendors: Secondly, in the brothers or brothers sons of the vendor or vendors;

Thirdly, in the fathers brothers or fathers brothers sons of the vendor or vendors: fourthly, in the co-sharers, (c) if no person ha vine a right of pre-emption under clause (a) or clause (b) seeks to exercise it. - firstly, when the sale affects the superior or inferior properietary right and the superior right is sold, in the inferior properietors, and when the inferior right is sold, in the superior proprietors;

Fourthly, in the other co-sharers: Fifthly, in the tenants who hold under tenancy of the vendor or vendors the land or property sold or a Dart thereof: (c) where the sale is of land or property owned jointly and is made by all the co-sharers jointly, secondly, in the owners of the patti or other sub-division of the estate within the limits of which such land or property is situate;First,