Chhaju Ram (dead) vs Badhawa Ram

V.K. Jhanji, J.

At the request of counsel for the parties, the Regular Second Appeal is taken on Board for final disposal.

This regular second appeal arises out of a suit filed by plaintiff (respondent herein) for possession of suit land by way of preemption. Plaintiff alleged that he is a cosharer in the land in dispute and thus, entitled to preempt the sale. Suit on contest by the defendantdeceased, now represented by his legal representatives (appellant herein), was decreed by the trial Court. In appeal, the learned Additional District Judge affirmed the judgment and decree of the trial Court and in consequence thereof, suit of the plaintiff for possession by way of preemption on the ground that he is a co sharer and has a superior right against he defendant who is a stranger was decreed. Hence, this second appeal.

In this second appeal, learned counsel appearing on behalf of the legal representatives of the defendant has contended that in view of the Haryana Amendment Act No. 10 of 1995 which came into effect from 7.5.1995, the appeal deserves to be allowed.

On going through the amendment, referred to above and the two judgments of the Apex Court, namely, Karan Singh and Others v. Bhagwan Singh (dead) by LRs., 1996 P.L.J. 89 : 1996(2) RRR 105 (SC) and Ramji Lal v. Ghisa Ram etc., 1996 P.L.J. 191 : 1996(2) RRR 456 (SC), I am of the view that the plaintiff has no right to preempt the sale in question as under the Haryana Amendment Act No. 10 of 1995, a cosharer no longer has a right to preempt the sale of the agricultural land. As per the amendment, the only person entitled under the amended law to avail the right of preemption is the tenant.

Consequently, the appeal is allowed, judgment and decree of the Courts below is set aside and in consequence thereof, suit dismissed. No costs.