Case: Mula And Others Vs. Godhu And Others

2. On behalf of the rival pre-emptors (plaintiffs in suit No. 559 of 1958) who are arrayed as respondents 1 to 3 in this Court, a preliminary objection was taken to the competency of the present appeal. The appellants right to appeal was challenged on the ground that the amendment of the Punjab Pre-emption Act (hereinafter called the Act) by the Punjab Act X of 1960 had deprived them of their right of preemption with retrospective effect. The appellants had based their right of pre-emption in their suit on the ground of their being proprietors of the village. They were deprived of this right by the Amending Act of 1960 and Section 31 of the Act as amended made the amendment retrospective in its operation by prohibiting the Courts from passing decrees inconsistent with the Amended Act. The right of respondents 1 to 3 who had sued as sons of the vendors remained undisturbed by the amendment. It was on this basis that the preliminary objection was pressed before us.3. The facts relevant for the present appeal may now briefly be stated. The land in suit was sold by a registered sale deed on June 18, 1957 by Kashi, Marchand and Bhagoo (respondents 4 to 6 in this Court) to respondents 7 to 18 for an ostensible consideration of Rs. 1,35,000. The appellants and respondents 1 to 3 instituted two separate suits for pre-emption in respect of this sale. In both the suits the sale price as inserted in the sale deed was questioned. The two suits were consolidated and the plaintiffs in each suit were joined as defendants in the other suit as contemplated by Section 28 of the Act. It appears that on April 28, 1958, a statement was made on behalf of the vendees admitting the right of the pre-emptors in both the suits and conceding that a decree be passed in favour of respondents l to 3 in the first instance and on their failure to pay the amount, the appellants be held entitled to a decree on payment of Rs 1,35,000. Apparently all other objections raised by the vendees to the right of the pre-emptors were dropped. Counsel for the appellants also made a statement expressing his willingness to pay a sum of Rs. 1,35,000. Counsel for the respondents 1 to 3 however did not accept the amount of consideration as entered in the sale deed and wanted the issue in regard to the preemption money to be decided on the merits. The trial Court by its judgment and decree dated June 30, 1958 granted to the plaintiffs in both the suits a decree in the followingis ordered that a decree is granted to the plaintiffs for possession of land in suit by pre-emption on payment of Rs. 1,35,000 on the condition that the plaintiffs deposit this amount in the Court for payment to the vendees-defendants within one month on or before 30th July, 1958, otherwise this suit shall stand dismissed. In case of default by the plaintiffs Godhu etc. Moola and other rival pre-emptors, who are plaintiffs in suit No. 556 of 1958 shall be entitled to deposit the above amount as pre-emption money on or before 30th October, 1958, and get the possession of the land in suit."This decree was apparently framed in the light of the provisions of Section 28 of the Act and Order 20 Rule 14, Civil P. C. Section 28 which provides for concurrent hearing of two or more suits for pre-empting the same sale lays down that each decree shall state the order in which each claimant is entitled to exercise his right of preemption. Order 20, Rule 14 (1) (a) lays down that the decree in a preemption suit shall, when purchase money has not been paid in the Court, specify a day on or before which the same shall be paid and Order 20, Rule 14 (2) (b) provides inter alia that in so far as the claims decreed are different in degree, the claim of the inferior pre-emptor shall not take effect unless and until the superior pre-emptor has failed to comply with the provisions of sub-rule I.4. Respondents 1 to 3, feeling dissatisfied with the decision on the amount of deposit to be made preferred an appeal to the Punjab High Court. On January 6, 1967 the High Court allowed the appeal and reduced the amount of deposit to Rs. 1,05,800. While framing the decree the High Court allowed the plaintiffs-preemptors a period of three months from January 6, 1967, for depositing in Court the amount of Rs. 1,05,800 failing which their suit was directed to stand dismissed. Nothing was stated in the decree as regards the claim of the appellants. Attention of the High Court apparently does not seem to have been drawn to the provisions either of Section 28 of the Act or of Order 20. Rule 14, Civil P. C. or of pare 3 of Chapter I-M (c) at page 58 of Volume I of the Punjab High Court Rules and Orders. Para 3 aforesaid emphasises the importance of specifying a definite date for the deposit of money in Court.

Reasoning:
Following the ratio of this decision it must be held that it is not open to this Court to pass a decree of pre-emption in favour of the appellants who were deprived in 1960 of their right to secure such a decree in the present suit. Indeed it was not open even to the High Court to pass a decree of pre-emption in favour of the appellants on January 6, 1967 and the decree of that Court is unexceptionable in thisunsustainable. This argument ignores that the scheme of Section 28 of the Act read with Order 20, Rule 14, Civil P. C. does not postulate decrees of pre-emption in favour of rival preemptors on payment of different amounts of purchase money in respect of the same sale. Such a course may lead to conflicting decisions on the question of value of the property sought to be pre-empted for the purposes of pre-emption suit. Besides, the appellants right to pre-empt the sale under the unamended law was admittedly inferior to that of respondents 1 to 3 and the appellants could only be held entitled to exercise their right after the failure of the said respondents to comply with the terms of the decree in their favour. The right of respondents 1 to 3 was determined by the High Court and it was claimed on their behalf at the Bar of this Court that they had already deposited the pre-emption money as required by the High Court decree. Indeed this assertion was not disputed on behalf of the appellants. We are accordingly unable to hold that the appellants have successfully executed the decree of pre-emption in theiris nothing on the record to show that the appeal presented in the High Court by respondents 1 to 3 was directed against the decree passed in their suit. Apparently, the appeal was filed against the decree passed in the consolidated suits dealing with the rights of both the rival pre-emptors, and all the parties interested in the right of pre-emption were impleaded in the appeal. Besides, this contention seems to us to be only another way of putting the same argument, namely, that there can be two or more different determinations of the amount of prep-emption money in the two consolidated suits for pre-empting the sale in question. It also postulates a claim by an inferior pre-emptor to pre-empt the sale by making the deposit of the pre-emption money before the superior preemptor has failed to comply with the terms of the decree in his favour. This argument, as the foregoing discussion shows, is without merit. In the present case, a further question arises as to whether or not it was open to the appellants to ask the High Court not to vary the determination of preemption money in the appeal preferred by respondents 1 to 3 without formally preferring a separate appeal from the other decree considered to have been passed in the other suit because passing of such an inconsistent decree on appeal on the question of valuation would not be permissible in law. No argument on these lines was addressed in the High Court. The effect of this omission has not been canvassed in this Court either. We would, therefore, express no opinion on this aspect. The final decree relating to the rival claims of pre-emption in respect of the sale in question, however, seems to be that of the High Court which may well be considered to be binding on all the parties to it. And then, if the appellants claim that the decree passed in their favour by the trial Court in their suit has already become final and their right is unaffected by the decree of the High Court, then they cannot be considered to be aggrieved by the impugned decree and, therefore, they cannot claim any locus stand) to appeal against it.9. From whichever point of view one looks at the position, the appellants cannot claim a right of appeal from the decree of the High Court determining the pre-emption money to be Rs. 1,05,800/-. The right to appeal against that decree can only be exercised by a person whose claim of pre-emption in respect of the sale in question can be considered to have been adversely affected by it. The appellants on their own argument possess no such right