SHANKAR LAL Vs. NATHU RAM

JUDGEMENT

(1.) Petitioner has filed a suit for possession to pre-empt sale made in favour of one Nikku vide sale-deed dated 15.6.1990. Surja sold land vide sale-deed dated 19.6.1990 to one Nathu and Om Parkash. This sale is also being pre-empted by filing a suit for pre-emption. The second suit was filed on 19.1.1991. Nikku to whom the land was sold vide sale-deed dated 15.6.1990 has also filed a suit to pre-empt sale dated 19.1.1991 on the basis of being a co-sharer. He claims himself to be a co-sharer because of purchase of land vide sale deed dated 15.6.1990. Both the suits i.e. one filed by the petitioner and the other by Nikku were consolidated by the trial Court. In these suits, an application was filed under Section 28-A, of the Punjab Pre-emption Act read with Section 10 of the Civil Procedure Code for staying the proceedings of the suits till the decision of the earlier suit. According to the petitioner, the present suit cannot be decided unless the earlier suit in which title of Nikku is involved on the basis of which plea has been taken in the present suit, is decided first. This application, on contest, was declined by the trial Court as it took the view that Section 28-A, of the Act has no application to the facts of the present case and there is no ground for postponement of the suit till the decision of the suit with respect to sale dated 15.6.1990. This order is being challenged by the petitioner here in this civil revision.

(2.) After hearing the learned counsel for the parties, I am of the view that the order of the trial Court cannot be sustained and the civil revision deserves to succeed. A bare perusal of Section 28-A of the Act shows that if, in any suit for pre-emption, any person bases a claim or plea on a right of pre-emption derived from the ownership of agricultural land or other immovable property, and the title to such land or property is liable to be defeated by the enforcement of a right of pre-emption with respect to it, the Court shall not decide the claim or plea until the period of limitation for the enforcement of such right of pre-emption has expired and the suits for pre-emption (if any) instituted with respect to the land or property during the period have been finally decided.

(3.) Consequently, this civil revision is allowed. The impugned order is set aside. Subsequent suit shall remain stayed till the decision of the suit in which sale-deed dated 15.6.1990 is sought to be pre-empted.