AIR 1996 SUPREME COURT 3338 ::1996 AIR SCW 2672 ::1996 Punj LJ 191 ::1996 (2) RevLR 40 ::(1996) 2 RRR 456 ::1996 (1) UJ (SC) 725 ::1996 UJ(SC) 1 725 ::1996 (7) SCC 507 ::1996 ( ) HRR 470 ::1996 (2) ICC 693 ::1996 (1) RentLR 626 ::1996 (2) LandLR 26 ::(1996) 1 SCR 974 (SC) ::1996 (1) SCR 974 ::1996 (2) JT 649 ::(1996) 2 JT 649.2 (SC)

Supreme Court Of India

Hon'ble Judge(s): K. Ramaswamy, S. Saghir Ahmad, G. B. Patnaik , JJJ

Punjab Pre-emption Act (1 of 1913) , S.15(1)(b)— Suit for pre-emption by co-owner - Pending appeal Haryana Act 10 of 1995 coming into force - Co-owner's right of pre-emption taken away by the Act - Appeal being continuation of suit, co-owner's right lost during pendency of appeal - Suit liable to be dismissed. Civil P.C. (5 of 1908) , S.100— For the purpose of pre-emption, the right and remedy must be available not only on the date of the sale but also on the date of the suit as well as on the date when the decree is made and is finally to be affirmed or need to be modified at the time of the disposal of the appeal. Since the appeal is a continuation of the original proceedings, the right and the remedy should continue to subsist till the Supreme Court decides the controversy, if the appeal is presented and is pending disposal. In the instant case a co-owner filed a suit for pre-emption. During pendency of appeal the Haryana Pre-emption Amendment Act, 1995 (Act No. 10 of 1995) came into force w.e.f. July 7, 1995. The Haryana Act has taken away the right of pre-emption of the co-owners and confined the right and remedy to be only in favour of the tenants. Thus the co-owners have lost their right of pre-emption. In other words, co-owner's right of pre-emption has been taken away by amendment to the Act. Consequently, they have lost the ri....