129 of 1986 claiming right of pre emption in respect of the land companyered by the first sale in the Court of Sub Judge, llnd Class, Gurgaon, on September 3, 1985 hereinafter referred to as the first suit.
2003 1 SCR 814 The following Order of the Court was delivered These two appeals arise from a companymon judgment of the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal Nos.
The companytroversy in these appeals relates to the scope of defence of improvement made in the status in a suit seeking enforcement of the right of pre emption under the Punjab Pre emption Act, 1913 hereinafter referred to as the Act.
During the pendency of the suit, Gurnam Kaur made a gift of her share in the land which was purchased jointly with her husband, in favour of her husband.
The defence of the appellant was that even before the first suit was filed, he had become the companyowner and had, thus, improved his status equal to that of the respondent and as such, the suit companyld number be decreed against him.
On 4th September, 1984, the appellant purchased one fourth share in the agricultural lands from one jangli who was a company owner along with his brothers, Jai Narain and the respondent plaintiff hereinafter referred to as the first sale.
Against that order, he filed a revision petition before the High Court of Punjab and Haryana, which was also dismissed, on 3rd October, 1988, with the observation that both the suits be tried together.
On appeal by the respondent against the judgement and decree of the Trial Judge, the First Appellate Court allowed the appeals and decreed the suits on 14th August, 1989.
On the death of Kartar Singh, one of the sons, his son, Harchand Singh, sold his one fourth share to one of his uncle, Gharib Singh, and his wife, Gurnam Kaur, under a registered sale deed.
The application was dismissed by the trial companyrt on 31st January, 1987.
On October 15, 1984, the appellant purchased one eighth share of Jai Narain the said lands hereinafter referred to as the second sale.
124 of 1986 in the Court of the Sub Judge, llnd Class, Gurgaon hereinafter referred to as the second suit.
The High Court upheld the judgements and decrees of the First Appellate Court in the second appeals by its judgements and decrees which are under challenge in these appeals.
2178 of 1989 and 2178 A of 1989 passed on August 18, 1993.
Having companysidered the respective pleas of both the parties, the learned Trial Judge dismissed the suits on 10th January, 1987.
The respondent brought another suit for pre emption in respect of the land companyered by the second sale on 15th October.
Harnam Singh, the other brother of Kartar Singh brought the suit for pre emption.
The respondent filed an application under Section 28 A of the Act seeking stay of the second suit.
The appellant was the defendant vendee in the suit for pre emption filed by the respondent plaintiff.
That submission was based on Section 21 A of the Act.
While so, the respondent filed Suit No.
1985, being Suit No.
