RANJIT SINGH Vs. GURMUKH SINGH

JUDGEMENT

(1.) The respondent filed a suit for pre-emption on the ground that he is vendor's father's brother. Both the Courts below found that the relationship was proved and decreed the suit. This is second appeal by the vendee.

(2.) In view of the decision of the Supreme Court in Atam Parkash v. State of Haryana, 1986 AIR(SC) 859, the right to seek pre-emption on the ground of relationship has been declared ultra vires and, therefore, the suit deserves to be dismissed.

(3.) Faced with the situation, the pre-emptor filed an application under Order 6, Rule 17 of the Code of Civil Procedure, (C.M. No. 3838/C of 1988) dated 23.11.1988 to plead additional ground of being a co-sharer of the vendor. Notice of the application was given to the opposite side and the matter was ordered to be heard alongwith the appeal. The learned counsel for the pre-emptor presses the application. Assuming for the sake of argument that the pre-emptor is a co-sharer, but the Supreme Court in Jagdish v. Nathi Mal Kejriwal, 1987 AIR(SC) 68, and Smt. Shanti Devi v. Smt. Bimla Devi, 1988 AIR(SC) 2141, has held that if the co-sharer is a relation of the degree which the pre-emptor is in this case, such a relation is not entitled to pre-empt as a co-sharer. Therefore, in view of the aforesaid decisions, no relief can be granted to the pre-emptor. Hence, it will be futile to grant the amendment and to find out whether the pre-emptor is a co-sharer or not. The application is disposed of with the aforesaid observations.