BACHAN SINGH Vs. CHHOTU RAM

JUDGEMENT

(1.) On 22nd of July 1959, the land in dispute was sold to the vendees who are respondents in this appeal. The appellants, Bachan Singh etc., were the tenants on the land. On the date of sale, under Section 15 of the Punjab Pre-emption Act as it stood then, a tenant had no superior right of pre-emption. Under Section 17 of the Punjab Security of Land Tenures Act, 1953, however, tenant of a big landowner over the land which does not form part of his reserved area, has a right of pre-emption if he had continuously, before the date of sale, been in possession as a tenant for a period exceeding four years. It is not denied that there is nothing on the record to indicate that the appellants satisfied the various requirements of the aforesaid section. In fact there are no pleadings even to that effect nor evidence.

(2.) On 2nd of February, 1960, that is, before the expiry of the limitation period of one year, Section 15 of the Punjab Pre-emption Act, 1913 , was amended, and the tenants on the date of the sale under the vendors of the land, which is the subject-matter of the sale, were given a right of pre-emption. Basing their claim on the aforesaid amended provision of law, the suit, out of which the present appeal has arisen, was filed on 12th of August, 1960, seeking possession of the land by pre-emption. The two Courts below have non-suited the plaintiffs on the ground that on the date when the sale took place the plaintiffs had no right of pre-emption available to them either under the Pre-emption Act or under Section 17 of the Punjab Security of Land Tenures Act. The tenant pre-emptors have come up in appeal.

(3.) The question whether a tenant should continue to remain a tenant up to the date of the suit, was placed before a Division Bench in Regular Second Appeal No. 338 of 1967, and this case was also ordered to be heard along with the same. There is, however, nothing common between the two cases.