D.S. Tewatia, J. - (1.) THE common question of law that falls for determination in the two execution appeals No. 2009 of 1970 and No. 2010 of 1970, pertains to the right of a pre -emptor decree -holder to execute the pre -emption decree after the securing of which he effected the sale of the land forming subject matter of that decree to a third party.
(2.) THE relevant facts having a bearing on the proposition above -said can be stated thus. The two pre -emption suits instituted by Amar Singh Respondent were decreed in his favour on 3rd June, 1970. He was ordered to deposit the balance of the pre -emption money by 18th August, 1970. He deposited the said amount on 5th August, 1970. On 13th August, 1970, he effected the sale of the land in question to a third party which may now be called 'second vendee'. On 19th August, 1970, the judgment -debtor, that is, the first vendee drew the amount and a day earlier, i.e., on 18th of August, 1970, Amar Singh, Respondent took out execution proceedings. The Appellant judgment -debtor challenged the right of Respondent decree -holder to execute the decree and receive the possession of the land after the latter had divested himself of the ownership rights therein.
(3.) THE executing Court as also the first appellate Court dismissed the objections of the judgment -debtor and thus the matter reached this Court through these two appeals.;