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1990 Supreme(SC) 735

K.N.SAIKIA, N.M.KASLIWAL, T.K.THOMMEN
Darshan Singh: Surjeet Singh: Kehar Singh: Niranjan Singh: Mewa Singh: Kesar Singh: Mohinder Singh: Sadhu Singh – Appellant
Versus
Ram Pal Singh: Jagir Singh: Tara Singh: Pritamkaur: Waryam Singh: Mohinder Singh: Pritam Kaur: Sher Singh – Respondent


Advocates:
AMAN VACHHER, ANANT PALLI, AVTAR SINGH, D.V.Sehgal, Dhruv Mehta, E.C.AGARWAL, HARBANS LAL BAJAJ, K.B.ROHTAGI, K.R.NAGARAJA, KAILASH VASUDEV, M.J.Paul, M.R.SHARMA, MADHU MULCHANDANI, N.K.AGRAWAL, N.S.DAS BEHL, NAUNIT LAL, O.P.Sharma, P.N.PURI, PAVAN ANEJA, PURNIMA BHATT KAK, R.C.GUBRELE, R.S.HEGDE, R.S.SODHI, RAJINDER SACHAR, S.K.MEHTA, S.K.SABHARWAL, S.P.SINGH, SHEIL MOHINI SETH, SUSHIL JAIN, V.C.MAHAJAN

JUDGMENT

K.N. SAIKIA, J.:—The appellants were contesting alienations under the provisions of the Punjab Custom (Power to Contest) Act, 1920, hereinafter referred to as the Principal Act, and their suits were at appellate stage in the High Court when the Punjab Custom (Power to Contest) Amendment Act, 1973 (Punjab Act No. 7 of 1973), hereinafter referred to as the Amendment Act came into force on 23rd day of January, 1973. The High Court dismissed the appeals taking the view that no contest to alienations was permissible after the Amendment Act came into force. Hence these eight appeals by special leave.

2. Earlier the suit Dharam Singh v. Ujaggar Singh, disputing the customary adoption of the defendant and the gift deed made in his favour and claiming title to the property mutated by that right was filed on 22-8-1966 and Judgment of the trial Court was dated 16-10-1968. On appeal the District Judge, Ludhiana by Judgment dated 12-1-1970 remanded the case and after remand the Judgment was delivered by trial Court on 26-8-1971; the appeal therefrom was filed on 29-9-1971 and the District Judge delivered Judgment on 28-2-1973. Meanwhile the Amendment Act came into force on 23-1-1973. Th










































































































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