PREM SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) These appeals are directed against the order dated 11/2/1986 passed on the review petition preferred by the appellant for setting aside the decree dated 28/4/1986 passed by the High court of Punjab and Haryana in Rs. A No. 1255 of 1981. Such review petition was filed by the appellant inter alia on the allegation that during the pendency of the said Rs. A No. 1255 of 1981, they had purchased the suit properties on valuable consideration from Respondent 4 and accordingly they had acquired a valid title to the suit properties and the appeal being Rs. A No. 1255 of 1981 should have been dismissed by the High court. By the impugned order passed on the review petition, the High court has dismissed the said review petition. These appeals have been preferred challenging the decree passed in Rs. A No. 1255 of 1981 and also the order passed on the review petition.

(2.) Initially, the admitted owners of the disputed property, namely, the parents of Respondent 4 had transferred the disputed property owned by them to two sets of respondents, namely. Respondents 1 to 3 and Shri Hardayal Singh and others. Subsequently, Respondent 4 Jaspal made an application for exercising the right of preemption under the Punjab Pre emptionact, 1913 in respect of both the said transfers by the said admitted owners, namely, Mahinder Singh and his wife Smt Swaran Kaur. Such application for preemption was allowed and the appeal preferred against the decree passed by the trial court was also affirmed by the lower appellate court. Against such judgment and decree of the lower appellate court, the said Regular Second Appeal No. 1255 of 1981 was preferred by Respondents 1 to 3. While such appeal was pending before the High court, the said Punjab Preemption Act, 1913 was challenged before this court. By the decision of this court in Atam Prakash v. State of Haryana, the said Act was declared ultra vires. This court also observed in the said decision in Atam Prakash case to the following effect:

(3.) Pursuant to such decision of this court declaring the said Act ultra vires, the High court disposed of the said Second Appeal No. 1255 of 1981 by allowing the same and setting aside the impugned decree by which the right of preemption was allowed in favour of Respondent 4. Such decree was sought to be assailed by filing the review petition by the appellants but as aforesaid the review petition was dismissed.