- (1.) This appeal has been referred to us for determination of the following question of law : "If the property is sold out of the joint khata and even if the vendor is in a position to deliver physical possession to the vendee under the sale, can it be held that since the property was sold out of the joint khata, it did not admit of delivery of the physical possession as contemplated under Article 97 of the Limitation Act, 1963 ."
(2.) However, it is no more necessary to determine this question in this case because the right of pre-emption was claimed on the basis of the relationship with the vendor as contained in Section 15 of the Punjab Pre-emption Act which has since been struck down and declared to be ultra vires of the Constitution by the Supreme Court in Atam Parkash v. State of Haryana and others,1987 RRR 116
(3.) This suit is, therefore liable to be dismissed on that short ground alone. Consequently, this appeal is allowed the judgment and decree of the lower appellate Court set aside and the suit dismissed leaving the parties to bear their own costs. I.S.Tiwana, J.;