Judgment

P. K. GOSWAMI, J. - The short question that arises for consideration in this appeal by special leave against the judgment of the Allahabad High Court is whether a decree for pre-emption obtained prior to the enforcement of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U. P. Act No. 1 of 1951) survives for execution after the enforcement of the Act in the particular area in which the land is situated.

2. Briefly the facts are as follows:-

The plaintiff (appellant herein) and defendants 5 and 6 were co-sharers in proprietary interest of lands in Khata Khewat No. 1 of village Nayagaon Chandan Singh Bandobasti Pargana Bhabarkota, Tehsil Kaldhungi, District Nainital. Defendants 5 and 6 sold by registered sale deed a certain share of the land in that Khata Khewat in favour of defendants 1 to 4 (respondents herein). The plaintiff thereupon filed a suit for pre-emption and obtained a decree which was affirmed by the High Court in second appeal on April 27, 1970. The plaintiff also deposited the consideration of the sale deed in court on August 20, 1969, as ordered. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (briefly the Act) was brought into force in the district Nainital where the property is situated with effect from July 1, 1970. The appellant instituted an execution proceeding after the enforcement of the Act in the area. An objection was taken by the judgment-debtors (respondents herein) under Section 47, Civil Procedure Code, on various grounds including that with which we are now concerned, namely, that the decree has become inexecutable in view of the provisions of the Act. An objection was raised under Section 336 of the Act which provides for extinguishment of the right of pre-emption in the area to which the Act applies. The High Court repelled this objection and we are now not concerned with the said question in this appeal.

3. The only submission of the learned counsel appearing on behalf of the appellant before us is that the High Court is wrong in holding that the decree is inexecutable in view of Section 4 and Section 6 of the Act.

4. As the preamble shows the Act provides for---

"the abolition of the Zamindari system which involves intermediaries between the tiller of the soil and the State in Uttar Pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent upon such abolition and acquisition and to make provision for other matters connected therewith."

5. We may now read a few sections which are material for deciding the issue:

"Section 4(1): As soon as may he after the commencement of this Act, the State Government may, by notification, declare that, as from a date to be specified, all estates situate in Uttar Pradesh shall vest in the State and as from the beginning of the date so specified (hereinafter called the date of vesting), all such estates shall stand transferred to and vest, except as hereinafter provided, in the State free from all encumbrances."

Section 6: "Consequences of the vesting of an estate in the State.-

When the notification under Section 4 has been published in the Gazette, then, notwithstanding anything contained in any contract or document or in any other law for the time being in force and save as otherwise provided in the Act, the consequence as hereinafter set forth shall, from the beginning of the date of vesting, ensue in the area to which the notification relates, namely

(a) all rights, title and interest of all the intermediaries-

(i) In every estate in such area including land (cultivable or barren), grove-land, forests whether within or outside village boundaries, trees (other than trees in village abadi, holding or grove), fisheries, tanks, ponds, water channels, ferries, pathways, abadi sites, hats, bazars and melas [other than hats, bazars and melas held upon land to which clauses (a) to (c) of sub-section (1) of Sec. 18 apply ] and

(ii) in all sub-soil in such estates inc