MOHAN SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) THE trial Court had decreed the suit filed by the pre- emptor-appellant vide its judgment and decree dated 8.11.1994.

(2.) THE matter was taken up in appeal by the venders. During the course of the aforesaid appeal, Haryana Act No. 10 of 1995 came into force with effect from 17.5.1995. Section 15 of the Principal Act was substituted by the aforesaid amending Act taking away the right of co-sharers to seek pre-emption. Relying upon the provisions of amending Act, the learned First Appellate Court vide its judgment and decree dated 9.9.1995 has allowed the appeal filed by the vendees and dismissed the suit filed by the pre-emptor and has not touched the merits of the controversy.

(3.) SINCE in the present case the judgment of the learned trial Court is prior to the enforcement of the amending Act, therefore, the Appellate Court was bound in law to decide the appeal on merits of the controversy.