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, agreeing to pay the balance of Rs. 35,911 by April 27, 1951. Before this payment, the respondents filed a suit to enforce their pre-emption rights. The appellants contended that they had a superior right as they had obtained a decree and paid the amount, 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 defeated by the respondents unless they proved a superior right. The court clarified that the right of pre-emption is not a right to a share but to the whole property and that the doctrine of lis pendens applies to pre-emption suits. The court ultimately held that the appellants' right was subsisting and enforceable, leading to the dismissal of the respondents' suit. The appeal was allowed, and the suit was dismissed with costs throughout.
Headnote
A) Pre-emption - Nature of Right - Substitution of Vendee - Punjab Pre-emption Act, 1913, Sections 17, 28 - A pre-emptor's right is to acquire the whole property sold, not a share, and is only effective when substituted for the original vendee. The court held that the appellants, having complied with the decree conditions, were substituted in place of the vendees and thus had an indefeasible right to the land (Paras 1-10). B) Lis Pendens - Application to Pre-emption - Doctrine of Lis Pendens - The doctrine applies to pre-emption suits, preventing parties from transferring rights during litigation. The court held that the appellants' substitution did not violate this doctrine as their right was enforceable at the time of transfer (Paras 11-20).
Issue of Consideration
Whether the appellants, having obtained a decree for pre-emption, can defeat the rights of the respondents who filed a suit for pre-emption subsequently.
Final Decision
The appeal was allowed, and the suit was dismissed with costs throughout, affirming the appellants' right to the land.
Law Points
- pre-emption rights
- lis pendens
- substitution of vendees
- statutory rights
- conditional decree
