http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 11
PETITIONER: BISHAN SINGH & OTHERS
Vs.
RESPONDENT: KHAZAN SINGH & ANOTHER
DATE OF JUDGMENT: 20/05/1958
BENCH: SUBBARAO, K. BENCH: SUBBARAO, K. DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. DAS, S.K.
CITATION: 1958 AIR 838 1959 SCR 878
ACT: Pre-emption, nature of the right-Pre-emptor filing suit and obtaining decree-Second pre-emptor of equal degreefiling suit for Pre-emption First pre-emptor deositing purchase moneand obtainIng Possession-If suit of second Pre- emptor cansucced-Lis penden-Scope--Punjab Pre-emptor Act (Pun. 1 Of 1913),ss. 17, 28.
HEADNOTE: Upon the sale of certain village land the appellants filed a suit for pre-emption, and a compromise decree was passed allowing pre-emption provided the appellants deposited the purchase amountbvacertaindate. The appellants Posited the amount and got Possession of the land. Before the appellants deposited 879 the amount, the respondents who were pre-emptors of an equal degree, filed a suit to enforce their right of pre-emption. The appellants contended that the land could be divided between two equal pre-emptors only when both the suits were pending before the court at the time of the passing of the decree, and that the appellants having obtained the decree and paid the amount got substituted in place of the vendees and the respondents could succeed only by establishing a superior right o...