DARSHAN SINGH Vs. LACHHMAN SINGH AND OTHERS

JUDGEMENT

(1.) ON the 28th May, 1973, an appeal (R.S.A. 1825 of 1968) filed by Darshan Singh, one of the vendees against whom a decree for possession by pre -emption had been passed by the Courts below in favour of Lachhman Singh, came up for hearing in the presence of the parties' counsel. In view of the provisions of section 3 of the Punjab Pre -emption, (Repeal) Act, 1973 and the Bench decision of this Court in Harbans Kaur v. Sardara Singh, 1973 CRLJ 663, L. P. A. 130 of 1972, decided on 2nd May, 1973, since reported in, 1973 CLJ 668 , the appeal of the vendee was accepted and the suit of the pre -emptor was dismissed.

(2.) A few days later the present review application (R.A. 26 -C of 1973) was filed by Lachhman Singh pre -emptor seeking review of this order on the ground that there was a mistake apparent on the face of the record.

(3.) THE suit was decreed in respect of the whole land by the trial Court. Darshan Singh alone filed an appeal which was dismissed by the Additional District Judge. He then filed a regular second appeal (R.S.A. 1825 of 1968) in this Court. Darshan Singh impleaded all the parties as respondents, including Dogar Singh alias Dogar Ram. As already stated, this appeal was pending when the Punjab Act 11 of 1973 was passed repealing the Punjab Pre -emption Act and, by section 3 thereof, directing that no decree shall be passed in a pre -emption suit after the enforcement of this Act. Section 3 of this Act was interpreted by a Bench of this Court in Harbans Kaur's case (supra) to mean that no decree can be passed in favour of a pre emptor.