Prem Chand Pandit, J. - (1.) ON 13th August, 1957 Smt. Bishni sold the land in dispute to four brothers Bikkar Singh, Jarnail Singh, Lahora Singh and Pashora Singh for Rs. 10,000. This led to the filing of a suit by Smt. Surjit Kaur and Smt. Chanan Kaur, Appellants and their father Natha Singh for a declaration that this sale was without consideration and legal necessity and would not affect their reversionary rights. In the alternative, it was claimed by the Appellants that they were -entitled to the possession of this land by preemption on payment of Rs. 6,000, because they were the heirs of the deceased husband of] Smt. Bishni It was alleged by them that Rs. 10,000 were fictitiously entered in the sale -deed, which amount was never paid or fixed in good faith. The suit for declaration was, however, later on withdrawn by the Plaintiffs.
(2.) WITH regard to the suit for possession by preemption, Bikkar Singh made a statement that the Appellants were the daughters of Natha Singh and his counsel admitted that they had a superior right of pre -emption. Counsel for the Plaintiffs also made a statement that the entire consideration of Rs. 40,000 was paid and fixed in good faith. As a result of these statements on 3rd July, 1959, a decree for possession of the land in dispute was passed in favour of the Appellants against the Defendants on payment of Rs. 10,000 to the vendees. It was further held that this amount had to be deposited on or before 31st May, 1960} failing which the suit would stand dismissed. It was also ordered that till 31st May, 1960, the Defendants would not be dispossessed from the land in dispute. It is common ground that the amount of Rs. 10,000 was deposited by the pre -emptors before the due date and in execution proceedings the possession of the land in dispute was delivered to them on 7th June, 1960, by the vendees after withdrawing this amount.
(3.) ON 31st August, 1960, the vendees filed: an application in the Executing Court under Sections 47/144 and 151 Code of Civil Procedure, and Section 17 -A of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act), praying that the possession of the land in dispute be restored to them on payment of Rs. 10,000 to the pre -emptors. Their allegations were that they had been cultivating the land in dispute under Smt. Bishni for the last about six years and, therefore, the sale of this land in their favour by her was not pre -emptible under the provisions of Section 17 -A of the Act. The pre -emption decree was passed on 3rd July, 1959, while Section 17 -A of the Act had come into force from 19th January, 1959, and, therefore, such a decree could not be executed and they were entitled to the restoration of this land.;