No right of pre-emption if partition is completed, regardless of drawing an instrument of partition: Supreme Court
In a recent judgement, the Supreme Court held that if a partition is completed and the joint status of the parties is severed, the right of pre-emption does not survive, even if an instrument of partition has not been drawn up. The court set aside a judgment of the High Court that had granted the right of pre-emption to the plaintiff in a land dispute case, ruling that the High Court had misinterpreted the Punjab Pre-emption Act and the Land Revenue Act.
The case concerned a dispute over a piece of land in which the plaintiff claimed the right of pre-emption as a co-sharer of the property. The trial court and the appellate court had both ruled that the plaintiff did not possess the status of co-sharer on the date of the decree and that his right of pre-emption had not survived until the date of the passing of the decree. However, the High Court had reversed this decision, holding that no instrument of partition had been drawn up on the date of the passing of the decree and therefore the joint status of the parties had not come to an end.
The Supreme Court, however, found that the provisions of the Punjab Land Revenue Act clearly indicated that when a decision is taken by the Revenue Officer under Section 118 on the question of the property to be divided and the mode of partition, the rights and status of the parties stand decided and the partition is deemed to have completed. The consequential action of preparing the instrument of partition would be only an executory or ministerial act to be carried out to completely dispose of the partition case instituted before the Revenue Officer. The court therefore set aside the High Court’s decision and allowed the appeals of the defendants.
JHABBAR SINGH LEGAL HEIRS & ORS. VS JAGTAR SINGH S/o DARSHAN SINGH
