HEMANT GUPTA, J. - (1.) THE plaintiffs are in second appeal aggrieved against the judgment and decree passed by the courts below whereby their suit for possession by way of pre-emption was dismissed.
(2.) ONE Sumer Singh sold 12 Bighas 14.3/4 biswas of land to Dharam Singh, vendee in RSA No. 2972 of 1979, vide registered sale deed dated 24.3.1974. Similarly, another portion of land measuring 12 Bighas 14.3/4 Biswas of land was sold to Arjun Singh on 24.3.1974 i.e. subject matter of challenge in RSA No. 2971 of 1979. The plaintiffs have sought to pre-empt the sales made on 24.3.1974 in favour of Dharam Singh and Arjun Singh on the ground that the plaintiffs are co-sharers in the joint Khata and, thus, have a superior right over the vendee who is a stranger. Both the suits were consolidated and were dismissed. Both the Courts have decided the question of plaintiff being a co-sharer in the context whether the sale is of a share in a the joint Khata or of specific Khasra number. It was held that the sale is of specific Khasra number which, according to the recitals in the sale deed, has come to the vendor under private partition and the vendees have acquired right and title under the sale only to the extent of said specific Khasra numbers and, therefore, the vendees have not become co- sharers in the joint Khata. It was, thus, concluded that the plaintiffs are co-sharers in the suit land and have no preferential right to pre-empt any of the two sales in question.
(3.) THE appeal against the said judgment and decree was also dismissed. Reliance was placed upon a Full Bench judgment of this Court reported as Lachhman Singh v. Pritam Chand and another, 1970 Punjab Law Reporter 341, wherein it was held that if specific Khasra number has been sold then the purchaser does not become a co-sharer in the entire land and the sale cannot be pre-empted by the other co-sharers.;