BHAG SINGH Vs. KARTARA

JUDGEMENT

(1.) In the above noted three cases the question that arises for decision is whether the Punjab Preemption Act (Act 1 of 1913), as amended up to the end of "December 1943, hereafter referred to as the Act, is ultra vires the Constitution of India. It may be mentioned here that Act 1 of 1913 was enforced in this State mutatis mutandis vide Notification No. Leg./21, dated 1-2-2001/13-5-1944.

(2.) On 27-6-1950 Bhag Singh purchased from Dalip Singh 60 kanals and 16 marlas of agricultural land by means of a registered-deed. Kartar Singh instituted a suit for possession by way of pre-emption. Before the trial Court, it was pleaded that the Act was ultra vires the Constitution of India. Bhag Singh vendee-Petitioner applied under Article 228 of the Constitution of India for transfer of the case to the High Court as it involved a substantial question of law as to the interpretation of the Constitution. Teja Singh C. J. withdrew the case from the Court of Sub-Judge 2nd class, Kapurthala.

(3.) In this case Arjan Singh and Puran Singh Respondents filed a suit for possession by way of pre-emption on the strength of their being co- sharers in the agricultural lands sold to Mukand Singh. The suit was decreed by the trial Court. In appeal before the District Judge the constitutionality of the Act was questioned by the Appellant. The appeal was, however, dismissed in liming on 28-6-1951. In second appeal to the High Court Kesho Ram Passey J. (now C. J.) referred the case to a larger Bench.