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Supreme Court of India · 17/04/2023

JHABBAR SINGH (DECEASED) THROUGH LEGAL HEIRS & ORS. versus JAGTAR SINGH S/O DARSHAN SINGH

[2023] 3 S.C.R. 564 · 2023 INSC 373

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Summary

A co-sharer in a joint khewat sued in 1981 to pre-empt two 1980 sales of shares in the land. During the suits the vendees obtained partition before the Assistant Collector, whose order of 31 July 1982 accepting the partition was confirmed in appeal, though no instrument of partition had been drawn when the suits were dismissed on 1 December 1982. The High Court decreed the suits, holding that joint status survived until an instrument was prepared under Section 121 of the Punjab Land Revenue Act. The Supreme Court reversed: a pre-emptor must retain his right until the first court's decree; the partition is completed and joint status severed when the Revenue Officer decides the property to be divided and the mode of partition under Section 118; preparing the instrument under Section 121 is only ministerial. The plaintiff had ceased to be a co-sharer before the decree.

Issues

  1. Whether a pre-emptor claiming as a co-sharer must retain that status until the date of the decree of the court of first instance.
  2. Whether, under the Punjab Land Revenue Act, 1887, the joint status of co-sharers is severed when the Revenue Officer decides the mode of partition under Section 118, or only when an instrument of partition is prepared and a date fixed under Section 121.

Provisions considered

Held

Result

Appeals allowed; common judgment of the High Court dated 17.08.2007 in the second appeals quashed and set aside, restoring the dismissal of the pre-emption suits by the trial court and first appellate court.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 564.