ZILA SLNGH & ORS. versus HAZARI & ORS.

ZILA SLNGH & ORS. versus HAZARI & ORS.

When a pre-emptor has complied with the decree and perfected title, a subsequent purchaser from him is entitled, as a person claiming under the decree-holder, to execute the decree for possession under section 146 CPC. The pre-emption right, having been exercised and satisfied, is no longer a mere personal right but attaches to the property purchased.

Parties
Appellant: Zila Singh & Ors.; Respondent: Hazari & Ors.
Jurisdiction
India
Judgment Date
25 February 1979
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Decision in Execution Second Appeals Nos. 1131 1133 of 1968
Outcome
Appeals allowed
Legal Topics
Execution of Decrees, Pre Emption, Assignment of Rights, Successors Under Civil Procedure Code
Civil Procedure Execution of Decrees Pre Emption Assignment of Rights Successors Under Civil Procedure Code

Case Brief

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Parties

Zila Singh & Ors.

Appellant

Hazari & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Decision in Execution Second Appeals Nos. 1131 1133 of 1968

Legal Issues

  1. 1 Whether a purchaser of land from a pre-emptor, who secured a decree for pre-emption and possession and complied with Order XX Rule 14 CPC, can execute the decree to obtain possession under section 146 of the CPC.

Ratio Decidendi

When a pre-emptor has complied with the decree and perfected title, a subsequent purchaser from him is entitled, as a person claiming under the decree-holder, to execute the decree for possession under section 146 CPC. The pre-emption right, having been exercised and satisfied, is no longer a mere personal right but attaches to the property purchased.

Court Disposition

Appeals allowed

Orders

  • Judgment of the Punjab & Haryana High Court dated 30-5-1969 in Execution Second Appeals Nos. 1131-1133 of 1968 set aside
  • Decision of the Additional District Judge dated 15th July, 1968 restored