Judgment

DUA, J.: - This appeal on certificate has been preferred by one set of pre-emptors (plaintiffs in suit No. 556 of 1958) against the judgment and decree of the High Court of Punjab and Haryana allowing the rival plaintiffs-pre-emptors appeal by reducing the pre-emption money and passing a decree of pre-emption on payment of Rs. 1,05,800 instead of Rs. 1,35,000 as directed by the trial Court.

2. On behalf of the rival pre-emptors (plaintiffs in suit No. 559 of 1958) who are arrayed as respondents 1 to 3 in this Court, a preliminary objection was taken to the competency of the present appeal. The appellants right to appeal was challenged on the ground that the amendment of the Punjab Pre-emption Act (hereinafter called the Act) by the Punjab Act X of 1960 had deprived them of their right of preemption with retrospective effect. The appellants had based their right of pre-emption in their suit on the ground of their being proprietors of the village. They were deprived of this right by the Amending Act of 1960 and Section 31 of the Act as amended made the amendment retrospective in its operation by prohibiting the Courts from passing decrees inconsistent with the Amended Act. The right of respondents 1 to 3 who had sued as sons of the vendors remained undisturbed by the amendment. It was on this basis that the preliminary objection was pressed before us.

3. The facts relevant for the present appeal may now briefly be stated. The land in suit was sold by a registered sale deed on June 18, 1957 by Kashi, Marchand and Bhagoo (respondents 4 to 6 in this Court) to respondents 7 to 18 for an ostensible consideration of Rs. 1,35,000. The appellants and respondents 1 to 3 instituted two separate suits for pre-emption in respect of this sale. In both the suits the sale price as inserted in the sale deed was questioned. The two suits were consolidated and the plaintiffs in each suit were joined as defendants in the other suit as contemplated by Section 28 of the Act. It appears that on April 28, 1958, a statement was made on behalf of the vendees admitting the right of the pre-emptors in both the suits and conceding that a decree be passed in favour of respondents l to 3 in the first instance and on their failure to pay the amount, the appellants be held entitled to a decree on payment of Rs 1,35,000. Apparently all other objections raised by the vendees to the right of the pre-emptors were dropped. Counsel for the appellants also made a statement expressing his willingness to pay a sum of Rs. 1,35,000. Counsel for the respondents 1 to 3 however did not accept the amount of consideration as entered in the sale deed and wanted the issue in regard to the preemption money to be decided on the merits. The trial Court by its judgment and decree dated June 30, 1958 granted to the plaintiffs in both the suits a decree in the following terms:

"It is ordered that a decree is granted to the plaintiffs for possession of land in suit by pre-emption on payment of Rs. 1,35,000 on the condition that the plaintiffs deposit this amount in the Court for payment to the vendees-defendants within one month on or before 30th July, 1958, otherwise this suit shall stand dismissed. In case of default by the plaintiffs Godhu etc. Moola and other rival pre-emptors, who are plaintiffs in suit No. 556 of 1958 shall be entitled to deposit the above amount as pre-emption money on or before 30th October, 1958, and get the possession of the land in suit." This decree was apparently framed in the light of the provisions of Section 28 of the Act and Order 20 Rule 14, Civil P. C. Section 28 which provides for concurrent hearing of two or more suits for pre-empting the same sale lays down that each decree shall state the order in which each claimant is entitled to exercise his right of preemption. Order 20, Rule 14 (1) (a) lays down that the decree in a preemption suit shall, when purchase money has not been paid in the Court, specify a day on or before which the same sh