Case Note & Summary
The dispute involved a land measuring 179 kanals and 2 marlas in village Wan-Bishan Singh, sold by defendants 3 to 7 to defendants 1 and 2 for Rs. 37,611. Defendants 8 to 11 filed a suit for pre-emption on August 26, 1950, and obtained a compromise decree on January 23, 1951, allowing them to take possession upon payment of the remaining balance. Before they could pay, the respondents filed a suit claiming their own right of pre-emption. The appellants contended that they had a superior right due to their decree, while the respondents argued they had a statutory right to share the land. The court found that the appellants had become vendees through the court and thus could not be displaced by the respondents unless they proved a superior right. The court held that the doctrine of lis pendens applied, but did not affect the appellants' pre-existing right, as they had complied with the decree's conditions. The appeal was allowed, and the suit was dismissed with costs.
Headnote
A) Pre-emption - Nature of Right - Substitution of Vendee - The right of pre-emption is a right to acquire the whole property sold and not a share, and a pre-emptor must show a superior right to the vendee at the time of exercising the right. The appellants, having obtained a decree and taken possession, were substituted in place of the original vendees, thus defeating the respondents' claim. Held that the doctrine of lis pendens does not affect pre-existing rights (Paras 1-2).
Issue of Consideration
Whether the appellants, having obtained a decree for pre-emption, could defeat the rights of the respondents who claimed a superior right of pre-emption.
Final Decision
The appeal was allowed, and the suit was dismissed with costs throughout.
Law Points
- Pre-emption rights
- lis pendens
- substitution of vendees
- statutory rights under Punjab Pre-emption Act
