822 of 1963 Appeal by special leave from the judgment and decree dated April, 7, 1961 of the Punjab High Court in Regular First Appeal No.
Of the vendees, six had numbershare in the village from before while four already had some share in the village.
5 of 2007 Bk.
Bhawani Lal, E C. Agarwala, Ganpat Rai and P.C. Agarwala, for respondent Nos.
The suit was resisted by the appellants on a number of grounds.
hereinafter referred to as the Act , that it was open to the pre emptor to follow the land which had been given to the vendees in companysolidation proceedings in lieu of the land which was the subject matter of the sale deed.
On ,appeal to the High Court by the vendees, the High Court held on the basis of S. 24 of the Patiala and East Punjab States Union Holdings Consolidation and Prevention of Fragmentation Act, No.
This argument was also rejected by the High Court, and the appeal was dismissed.
The main ground of defence with which we are companycerned in the present appeal was whether the suit was maintainable with respect to the land which had been obtained by the vendees during companysolidation proceedings in lieu of the land which was the subject matter of the sale deed.
The plaintiffs respondents instituted the suit on the basis of their being companylaterals and companysharers and wanted that they should be given out of the land allotted to the vendees in companysolidation proceedings such land as they would be entitled to after pre emption of the sale in question.
Thereafter companysolidation proceedings took place in this village and came to an end before the present suit was filed on January 14, 1956.
Further in the High Court another point was raised on behalf of four of the appellants who had land from before in the village and it was urged that in their case it was number possible to distinguish which land had been allotted to them in place of the land sold and therefore numberpre emption decree should be granted.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The other four vendees who had some share in the village from before were allotted land in two blocks in lieu of the land they had in the village from before as well as the land which they had purchased by the sale deed in question.
The trial companyrt held in favour of the plaintiffs respondents and granted a decree for pre emption.
32 of 1957.
Bishan Narain and B. P. Maheshwari, for the appellants Nos.
The appellants are vendees to the sale which was preempted.
As a result of the companysolidation proceedings, six of the vendees who had numbershare in the village from before were allotted other land in place of the land which they had purchased under the sale deed.
Punnu Singh and Mansha Singh who were also parties to the suit as defendants sold the property in suit on January 15,1955 to the appellants.
The facts found by the companyrts below are these.
The Judgment of the Court was delivered by WANCHOO, J. This is an appeal by special leave from the decree of the Punjab High Court in a suit brought by the plaintiffs respondents for pre emption.
1 i 1 vi .
1 3 and 5 10.
V. Goswami, for appellant No.
The property in suit companysisted of agricultural land as well as some baras in village Jalalpur.
