AIR 1975 PUNJAB AND HARYANA 93 ::76 Pun LR 482 ::ILR (1974) 2 PunjHar 156

Punjab And Haryana High Court

Hon'ble Judge(s): D. K. Mahajan, Balraj Tuli, Pritam Singh Pattar , JJJ

(A) Punjab Pre-emption Act (1 of 1913) , S.5, S.31— As amended by Act 10 of 1960 - S.31 retrospective in operation - Right of pre-emption in respect of agricultural waste land - Can be defeated by vendee by reclamation of land till date of passing appellate decree. 1963-65 Pun LR 972 and 1967 Cur LJ (Punj and Har) 824, Overruled. Punjab Pre-emption Act (1 of 1913) , S.21A— The provisions of S. 31 of the Punjab Pre-emption Act, added by the Punjab Pre-emption (Amendment) Act No. 10 of 1960, are retrospective in operation. As an appeal is a continuation of the original proceedings and a re-hearing of the suit, the appellate Court is bound to give effect to the substantive provisions of the amending Act, whether the appeal before it is one against a decree granting pre-emption or one refusing that relief. (1963) 3 SCR 884 and AIR 1963 SC 553 and AIR 1970 SC 349 and 1960-62 Pun LR 29l, Rel. on.(Para 9) There is no provision in the Punjab Pre-emption Act, which prohibits the vendee from reclaiming the land (that is making it fit for cultivation) during the pendency of the suit to defeat the suit of the pre-emptor. Section 21-A can have no application to such reclamation of the waste land.(Para 11) In view of the provisions of S. 31 of the Punjab Pre-emption Act, the applicability of Sect....