BRAHM SINGH Vs. DAYAWATI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1.10.1994 of the Additional District Judge, Faridabad by which judgment and decree passed by the Senior Sub-Judge, Faridabad on 7.5.1992 was affirmed.

(2.) The short point on which the appellants were seeking to assail the view taken by the Court below was the interpretation of Section 15(2) of the Punjab Pre-emption Act . It is fairly conceded by the learned counsel for the appellants that the effect of the amendment has since been authoritatively settled by the Apex Court while deciding a case reported as Shyam Sunder & Anr, v. Ram Kumar & Anr., 2001 3 RCR(Civ) 754 and according to the decision, the right of pre-emption has got to be determined as per the law that was applicable on the date of the passing of the decree.

(3.) Since the subsequent legislation does not take away this right, it has been fairly conceded by the learned counsel for the appellants that this appeal has to fail as the decree was passed well before the repeal of law of pre-emption in the State of Haryana.