SHANTI DEVI Vs. HUKUM CHAND

JUDGEMENT

(1.) These appeals have been filed, for setting aside the order dated March 20, 1990, passed by the High Court allowing the civil revision application which had been filed on behalf of the respondent - decree holder.

(2.) There is no dispute that the land in question was transferred in favour of the appellant No. 1 by one Kishan Chand and Jagdish Change in the year 1980. Thereafter a suit for pre-emption was filed on behalf of the respondent. That suit was decreed on 27-8-1983. The appeal filed on behalf of the appellants was dismissed by the Court of appeal on 30-11-1983. Second appeal filed on behalf of the appellants was also dismissed by the High Court on 5-4-1984. Thereafter, the decree-holder-respondent took steps for execution of the decree for pre-emption of the lands in question in the year 1984. An objection was taken before the executing Court that as only share in the land in question had been transferred the decree passed for pre-emption cannot be executed. That objection found favour with the executing Court. Being aggrieved by the order passed by the executing Court the respondent filed civil revision before the High Court which has allowed by the impugned order. The High Court after referring to the earlier judgments of the said Court including the Full Bench judgment observed:

(3.) Faced with this situation aforesaid, on behalf of the appellants it was submitted before the High Court that as the relevant provisions of the Punjab Pre-emption Act, 1913 had been declared to be unconstitutional by the Constitution Bench of this Court in the case of Atam Prakash v. State of Haryana, reported in (1986) 2 SCC 249, the decree passed in the suit for pre-emption filed on behalf of the respondent shall be deemed to be nullity and as such decree cannot be executed. The High Court rejected the said objection. This Court in the case of Atam Prakash v. State of Haryana, AIR 1986 SC 859, has specifically said in respect of decrees which had become final as follows:(Para 14)