In Brief
This case concerns the right of pre-emption in agricultural land following a partition order. The plaintiff claimed a superior right to pre-empt sales as a co-sharer in joint land, but the Revenue Officer ordered partition while the pre-emption suits were pending. The central question was whether the plaintiff's right survived the Revenue Officer's partition decision (without a formal instrument) or was extinguished. The Court held that a co-sharer's right of pre-emption ceases when the Revenue Officer decides on the division under Section 118 of the Punjab Land Revenue Act, not only upon formal preparation of the partition instrument. The subsequent execution of the partition document is merely ministerial. The plaintiff lost his co-sharer status and thus his right of pre-emption when the partition was decided, before the decree date. The appeals were allowed and the High Court's order was set aside.
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