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1. This second appeal arises out of a pre-emption Buit by Pritam Chand and Wazir Chand, plaintiffs, against Lachhman Singh defendant, and concerns land situate within the area of village Khamano in Tehsil Samrala of Ludhiana District.

2. There is the Jamabandi of 1960-61, copies. Exhibits P-7 and P-8, of Khewats Nos. 171 and 172, showing Rajinder Singh and Harindar Singh, real brothers, in possession of half share, and Ajmer Singh Sn the remaining half share of rectangles 6, 12, 13 and 16, among others, in Khewat No. 171, and of rectangles 13 and 16 in Khewat No. 172. There is the copy of the Jamabandi of 1952-53, Exhibit P-2, in which those three co-sharers are shown owners of Khewat No. 132/146, among others, rectangles 6, 12, 13 and 16- Apparently the Khewat numbers changed in the subsequent Jamabandi, but the rectangle numbers continued to be the same and so also, it follows, the Killa numbers in each rectangle.

4. On February 2, 1965, another co-sharer Aimer Singh by registered sale-deed, Exhibit D. 1, sold to Lachhman Singh defendant, 103 Kanals and 8 Marias of land out of rectangle 16, Khewats Nos. 171 and 172 of the Jamabandi of 1960-G1, copies Exhibits P. 7 and P. 8. In that sale-deed Aimer Singh co-sharer referred to rectangles 12, 13 and 16 and also to the specific Killas from each rectangle of which the total area came to 243 Kanals and 2 Marias, and of which he sold 103 Kanals and 8 Marias from rectangle 16, Killas Nos. 6, 7, 8, 13, 14, 15, 17/2, 16, 17/1, 18, 19, 23, 24 and 25. Rectangle 16 appears in Khewats Nos. 171 and 172 according to the Jamabandi of 1960-61. Killas Nos. 6, 7, 8, 13, 14, 15 and 17/2 are in Khatauni No. 251 of Khewat No. 171, and Killas Nos. 16, 17/1, 18, 19, 23, 24 and 25 are in Khatauni No. 258 of Khewat No. 172. So that the land from rectangle 16 sold by Aimer Singh to the defendant came from Khewats Nos. 171 and 172. In Khewat No. 171 also come, according to the same Jamabandi, rectangles 6, 12 and 16, and in Khewat No. 172 come rectangles 12, 13 and 16.

7. The suit of the plaintiffs was dismissed by the learned trial Judge on the ground that they are not co-sharers of joint land with Aimer Singh vendor. The learned Judge pointed out that the plaintiffs have not any share in the whole of Khewats Nos. 171 and 172, and all that they have purchased from Harindar Singh co-sharer under an earlier sale has been purchase of specific share out of specific Killa numbers of specific rectangles. The learned Judge further pointed out that the plaintiffs never purchased any part of rectangle 16. In appeal the learned Judge was of the opinion that by reason of the sale in their favour under the earlier sale-deed. Exhibit P. 1, the plaintiffs have become co-sharers in Khewats Nos. 171 and 172, because one-half share of the entire holding of Khewats Nos. 171 and 172 has within it rectangles 12, 13 and 16 in the Jamabandi of 1960-61, copies Exhibits P. 7 and P. 8. The learned Judge in the first appellate Court came to the conclusion that the sale-deed. Exhibit P. 1, shows that it was not the specific Killas that were sold by Harindar Singh co-sharer to the plaintiffs but a share out of the joint Khewat. So the learned Judge was of the opinion that the plaintiffs have become co-sharers of Aimer Singh, Harindar Singh and Rajindar Singh co-sharers and they have a preferential right to preempt the sale in favour of the defendant. This is the defendant's second appeal from the appellate decree.

8. The plaintiffs have one-fourth share of Harindar Singh co-sharer in Khewat No 171, rectangle 6 and Khewat No, 172, rectangle 13, of the Jamabandi of 1960-61, copies Exhibits P. 7 and P. 8. The total holding of the three co-sharers, namely, Ajmer Singh. Harindar Singh, and Rajindar Singh, consists of much more area and has within it rectangle 16 of Khewats Nos. 171 and 172 of the same Jamabandi So the plaintiffs have one-fourth share of rectangles 6 and 13 of the joint land of those three co-sharers, but they have not a fractional or a proportional share in the total joint holding of those co-sharers, including rectangle 16 of Khewat Nos. 171 and 172. So the plaintiffs have a fractional share in denned and specific Killas of joint holding of those co-sharers, but not in the total area of their joint land. In Section 15 (1) (b). Fourthly, of the Act a co-sharer has a preferential right of preemption 'where the sale is of a share out of joint land or property and is not made by all the co-sharers jointly.' Here the sale to the plaintiffs was by a co-sharer, Harindar Singh, of a share out of a denned part of the joint land of the three co-sharers but not out of the whole of their joint land. The question then that has arisen in this case is, whether the plaintiffs have become co-sharers in the joint land of those three co-sharers and thus have a preferential right of pre-emption in regard to the sale made by Ajmer Singh co-sharer to Lachhman Singh defendant? One more fact may be noted here before proceeding with the consideration of this question and that is that according to the Jamabandi of 1952-53, Exhibit P. 2, the Killas in rectangles 6, 12, 13 and 16 were all in Khewat No. 132, of which there was only one Khatauni number, which was 146. So Killas of all those rectangles were in one Khewat number which had only one Khatauni number and the description has commonly been given as Khewat No. 132/146. However, in the Jamabandi of 1960-61, copies Exhibits P. 7 and P. 8, Under Khewat No. 171. rectangle 6 is shown in Khataunis Nos. 248 and 250, and rectangle 12 in Khatauni No. 249, and some of the Killa numbers of rectangle 16 in Khatauni No. 251, and In Khewat No, 172 Killa numbers of rectangle 13 appear under Khataunis Nos. 252, 253, 254. 258, 263 and 266 and the remaining Killa numbers of rectangle 16 appear under Khatauni No. 258. So some of the Killa numbers of rectangle 13 and some of rectangle 16 are in Khatauni No. 258 of Khewat No. 172.