Shamsher Bahadur, J. - (1.) THIS is an appeal of Debi Ram and his brother Dharam Pal whose claim to pre -empt the suit property measuring 71 kanals and 10 1/2 marlas of agricultural land in village Tilpat of Balabgarh Tehsil in Gurgaon District, has not been accepted by the lower appellate Court.
(2.) THE sale of the suit property was made on 11th of August, 1960 by Smt. Chambeli in favour of her brother's son Daulat Ram for a sum of Rs. 25,000. The Plaintiffs, who assert to be co -sharers in the land, claim a right of pre -emption. It was pleaded by them that the vendee was not in fact the son of the vendor's brother Hari Krishan, and that the price of Rs. 25,000 was not fixed in good faith. The trial Judge found in favour of the Plaintiffs and granted a decree for pre -emption on payment of Rs. 10,000. The learned Senior Subordinate Judge, in appeal, however, found that the Plaintiffs, though co -sharers in the land, did not have a better right of pre -emption than the vendee who was found to be the son of the vendor's brother. The suit of the Plaintiffs was accordingly dismissed. In appeal, Mr. Jagan Nath Kaushal, the learned Counsel for the Plaintiffs pre -emptors, has urged that Sub -sections (1) and (2) of Section 15 of the Punjab Pre -emption Act read together, give the co -sharer in the joint khata a right of preemption and in any event the vendee has not been proved to be the son of the vendor's brother.
(3.) BEFORE dealing with the contentions of Mr. Kaushal, it would be well to reproduce the relevant provisions of Section 15 of the Punjab Pre -emption Act. Under Sub -section (1) the right of pre -emption in respect of agricultural land vests - - (b) where the sale is of a share out of joint land or property and is not made by all the co -sharers jointly, - - First, in the sons or daughters or sons' sons or daughters' sons of the vendor or vendors; Secondly, in the brother's or brothers' sons of the vendor or vendors. Thirdly, in the father's brothers or father's brother's sons of the vendor or vendors; Fourthly, in the other co -sharers, Fifthly,... (2) Notwithstanding anything contained in Sub -section (1), - - (a) where the sale is by a female of land or property to which she has succeeded through her father or brother or the sale in respect of such land or property is by the son or daughter of such female after inheritance, the right of pre -emption shall vest, - - (i) if the sale is by such female, in her brother or brother's sons; (ii) if the sale is by the son or daughter of such female, in the mother's brothers or the mother's brother's sons of the vendor or vendors; (b) where the sale is by a female of land or property to which she had succeeded through her husband, or through her son in case the son has inherited the land or property sold from his father, the right of preemption shall vest, - - First, in the son of daughter of such female; Secondly, in the husband's brother or husband's brother's son of such female.;