AIR 2001 SUPREME COURT 2472 ::2001 AIR SCW 2768 ::2001 (8) SCC 24 ::(2001) 3 RecCivR 754 ::(2001) 4 Scale 710 ::2001 (3) ICC 636 ::2001 (3) SCJ 291 ::2001 (3) LandLR 10 ::2001 (4) LRI 575 ::2001 (5) Supreme 492 ::(2002) 1 CurLJ(CCR) 171 ::2001 (7) SRJ 497 ::(2001) 6 JT 94 (SC)

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): S. P. Bharucha, V. N. Khare, N. Santosh Hegde, Y. K. Sabharwal, Shivaraj V. Patil , JJJ

(A) Punjab Pre-emption Act (1 of 1913) , S.15— Right of co-sharer to preempt sale qua tenant - Whether taken away during pendency of appeal in view of amended S.15 - S.15 of amendment Act which vests right of pre-emption in tenant not retrospective in operation -And, appeal though being continuation of suit, right of co-sharer to pre-empt sale on date of decree of Court at lst instance is not extinguished - Since Appellate Court cannot look into question of loss of qualification of pre-emptor during pendency of appeal. Karan Singh v. Bhagwan Singh, 1996 AIR SCW 2776 and Ramjilal v. Ghisa Ram, 1996 AIR SCW 2672, Overruled. The plaintiffs / respondents in this case claimed preferential right to pre-empt the sale in favour of defendant-appellants on the ground that they are co- sharers by means of a civil suit and which was decreed by Court of 1st instance in favour of plaintiff-respondents. The appellants preferred appeal and during pendency of the appeal, S.15(1)(b) of parent Act, on the basis of which the suit was filed by the plaintiffs/respondents was amended and was substituted by new S.15 whereby the right of a co-sharer to pre-empt a sale was taken away. The substituted S.15 of the Act provided that the right of pre-emption in respect of sale of agricultural land and village immovable property shall vest in tenant. The questions that aros....