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ANIL KSHETARPAL
Ram Chander – Appellant
Versus
Hans Raj – Respondent
JUDGMENT :
Anil Kshetarpal, J.
In this regular second appeal, the defendants assail the correctness of the judgment passed by the First Appellate Court which in turn has reversed the judgment passed by the trial Court.
2. In order to comprehend the issues involved in the present case, some relevant facts, in brief, are required to be noticed.
3. The respondents (plaintiffs in the suit) filed a suit for possession by way of superior right of pre-emption on the ground that they are the cosharers in the joint land. Sh. Mani Ram s/o Sh. Sheo Lal sold land measuring 08 kanals vide registered sale deed dated 31.01.1989, to Sh. Des Raj, Sh. Hans Raj son of Sh.Baga Ram, Sh. Purkha Ram, Sh. Ram Chander and Budh Ram sons of Surja Ram. It was claimed by the plaintiffs (respondents herein) that the sale deed has been executed without any notice to them. The defendants (appellants herein) while contesting the suit claimed that the suit land has already been partitioned mutually, however, the same was not incorporated in the revenue record, for which, a partition application is still pending.
4. The trial Court dismissed the suit, however, before the First Appellate Court, the respondents (the plaint
A sale deed executed without notice to co-sharers is invalid if no completed partition exists, as established under the Punjab Land Revenue Act.
(1) Right of pre-emption is a very weak right and could be defeated by all legitimate methods.(2) Pleadings – Omission of a single material fact would lead to incomplete cause of action and in that c....
The right of pre-emption does not survive post-partition; necessary parties must be included for valid adjudication.
The courts affirmed that oral partition lacks recognition under the West Bengal Land Reforms Act, maintaining pre-emptors as co-sharers, thus preserving their right of pre-emption.
A claim of partition in Hindu joint family property must be substantiated with credible evidence; conjecture does not suffice.
The status of co-sharers ceases when an order for division of the property is passed under Section 118 of the Punjab Land Revenue Act. The date of this order is the date of partition.
Result: Appeal rejected.
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