2006 Supreme(P&H) 4361
S.N.AGGARWAL
Rajinder Singh – Appellant
Versus
Pirthi – Respondent
Advocates Appeared:
Mr. Vikram Singh Advocate for the appellants.
Mr. R.S. Tacoria, Advocate for the respondents.
Judgement Key Points
- Nagina was the owner of land in Khewat No.64, Khatauni No.203, specific Killa numbers as per 1981-82 Jamabandi. (!)
- Nagina sold specific Killa numbers (341//8, 99, 10/1, 13/2) to Pirthi and Harkesh via sale deed dated 7.7.1988, mutation No.815 sanctioned on 5.9.1988. (!)
- Nagina subsequently sold Killa No.31//7(8-0) to Maan Singh (predecessor of appellants) via sale deed dated 25.4.1989, including 1/4th share in tubewell and motor. (!)
- Pirthi and Harkesh filed suit for pre-emption as co-sharers against Maan Singh. [23000438370001]
- Trial court framed issues and decreed in favor of Pirthi and Harkesh based on evidence including Jamabandi Ex.P-1 and mutation. [23000438370002][23000438370003][23000438370004][23000438370005]
- Maan Singh appealed; lower appellate court initially accepted appeal due to repealed pre-emption law, but High Court remanded, and lower court then upheld trial court. [23000438370006]
- Appellants argued Nagina was exclusive owner; sale of specific khasra to Pirthi/Harkesh made them exclusive owners, no co-sharer status for pre-emption. (!) [23000438370007]
- Respondents argued co-sharer status due to same khewat/rectangle numbers. [23000438370008]
- Substantial questions: Was Nagina exclusive owner? Did Pirthi/Harkesh become co-sharers via specific khasra purchase in same khewat/killa? [23000438370009] (!) (!)
- Nagina confirmed as exclusive owner per 1981-82 and 1986-87 Jamabandis. [23000438370010]
- Purchase of specific khasra from exclusive owner confers exclusive ownership, not co-sharer rights or partition right. [23000438370011][23000438370015]
- Same khewat/rectangle does not make purchasers co-sharers with remaining exclusive owner. [23000438370015]
- No pre-emption right as purchasers not co-sharers/joint owners with vendor at time of subsequent sale. [23000438370016]
- Lower courts' judgments set aside based on wrong law interpretation; appeal accepted, pre-emption suit dismissed. (!)
Judgment
S. N. Aggarwal, J. - Nagina, respondent No.3 was the owner of land comprised in Khewat No.64, Khatauni No.203, Killa No.31//7(8-0), 8(8-0), 9(8-0), 10/1 (1-16), 13/2 (6-8), as per Jamabandi for the year 1981-82. Out of this land, Nagina sold Killa No.341//8 (8-0), 99(8-0), 10/1(1-10) and 13/2 (6-8) to Pirthi and Harkesh respondents vide sale deed dated 7.7.1988 for which mutation No.815 was sanctioned on 5.9.1988. Subsequently, Nagina respondent sold Killa No.31//7 (8-0) of Khewat No.64, Khatauni No.203 in favour of Maan Singh (now deceased) (predecessor-in-interest of the appellants) vide sale deed 25.4.1989 for a sum of Rs.70,000/-. 1/4th share in tubewell, electric motor etc. was also sold along with it.
2. On this, Pirthi and Harkesh respondents filed a suit for possession by way of pre-emption as co-sharers. Maan Singh (predecessor-in-interest of the appellants) had filed written statement and contested the suit. Additional objections were also pleaded.
3. Issues were framed by the learned trial Court.
4. In support of their case, Pirthi appeared as PW-1. He also proved copy of the Jamabandi for the year 1981-82, Exhibit P-1, copy of mutation No.815 mark B and closed t
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