SUKHMANDAR SINGH Vs. HARDEEP SINGH

JUDGEMENT

(1.) THIS is vendees' regular second appeal in a pre-emption suit. Plaintiffs claim a superior right of pre-emption being a co-sharer. Suit was decree by the trial Court subject to the plaintiffs' depositing decretal amount less the amount deposited by them as Zera Panjam. Appeal filed by the defendants-vendees too was dismissed by the Additional District Judge.

(2.) VIDE Punjab Pre-emption (Haryana Amendment) Act, 1995 the right of Co- sharer to pre-empt the sale has now been taken away. Thus, today there does not exist a right of pre-emption in favour of a co-sharer. Appeal being in continuation of original proceedings, amendment made in the Act will obviously govern the pending proceedings. This being so, the judgments and decrees of the Courts below deserve to be set aside on this ground alone. Otherwise too, the matter has now been settled by the apex Court in Karan Singh and others v. Bhagwan Singh and others, 1996(2) RRR 105(SC) : JT 1996(1) SC 618 and in Ramjilal and others v. Ghisa Ram etc. 1996(2) RRR 456(SC) : JT 1996(2) SC 649.