Jagtar Singh vs Jhabbar Singh And Ors. on 17 August, 2007
Learned Counsel submitted that these category of cases have been over-ruled by the Supreme Court in Shyam Sunder's case (supra) and the Full Bench decision of this Court in Ramji Lal's case (supra) was approved while holding that in a suit for pre-emption, the claimant must prove that his right to pre-empt subsisted till the date of the decree of the first court and that loss of the right after the date of the decree by an act beyond his control did not affect his claim in the suit. Therefore, learned Counsel submitted that on the date of passing of the decree by the trial Court, the superior right of the plaintiff to pre-empt the sale was subsisting, as by that time, the suit land was not finally partitioned and he was a co-sharer in the joint land on the date of passing of the decree i.e. 1.12.1982. Therefore, the impugned judgments and decree, passed by the courts below, are liable to be set aside and suits of the plaintiff deserve to be decreed.