BALWANT SINGH AND ORS. Vs. KEHAR SINGH

JUDGEMENT

(1.) THE question of law which has been referred to this Bench for decision is whether the scope of the amended Section 5 of the Punjab Pre -emption Act excluding the right of pre -emption in respect of a sale of agricultural waste land reclaimed by the vendee extends up to the date of the suit or the decree. The issue did not arise out of the pleadings as filed originally but the question arose during the pendency of the appeals after the amending Act had come into force.

(2.) UNDER the Punjab Pre -emption (Amendment) Act (Punjab Act No. 10 of 1960), Section 5 reads as under:

(3.) FOR purposes of this reference it is not necessary to go into elaborate factual details of the two appeals, Balwant Singh, etc. v. Kehar Singh, etc. R.S.A . No. 1719 of 1960 and Ladha Singh v. Gurbachan Singh R.S.A. No. 1720 of 1960. These are set out in the appellate judgments of the Senior Subordinate Judge delivered in both cases on 30th of August, 1960. The common question on which the matter has been decided in both the appeals by the lower appellate Court was put in issue in this form: