SHMT. HARBANS KAUR Vs. SARDARA SINGH, ETC.

JUDGEMENT

(1.) THIS order will dispose of Letters Patent Appeals Nos. 130 of 1972 Harbans Kaur v. Sardara Singh and Ors. 332 of 1972 Sardari Lal v. Sain Dass and Anr. 338 of 1972 Garja Singh v. Chhaja Singh and Ors. 519 of 1972 Mukhtiar Singh v. Ajmer Singh and Ors. 119 of 1973 Balwant Singh v. Smt. Mango and Ors. 173 of 1972 Tara Singh and Ors. v. Bedi Jaswant Singh and Ors. and 358 of 1972 Chhota Singh v. Babu Singh. The first five appeals are by the pre -emptors while the other two appeals are by the vendees.

(2.) THE point for determination is whether after the coming into force of the Punjab Pre -emption (Repeal) Act, 1973 (Punjab Act No. 11 of 1973). hereinafter called the Act, any decree for pre -emption can be passed in favour of a pre -emptor. Section 2 of this Act repeals the Punjab Pre -emption Act, 1913, and Section 3 provides that on and from the date of commencement of the Act, no Court shall pass a decree in any suit for pre -emption. The date of commencement of the said repealing Act is April 9, 1973. Prior to the enactment of the Act, the Governor of Punjab had issued the Punjab Pre -emption (Repeal) Ordinance, 1973 (Punjab Ordinance No. 1 of 1973), which was repealed by this Act. Section 2 of the Ordinance reads as under:

(3.) THE next question to be determined is whether the vendees appeals have to be allowed merely because of the provisions of Section 3 of the Act or they can be decided on merits. This point is concluded by various judgments of the Supreme Court which may now be noticed.