K. C. DAS GUPTA, K. N. WANCHOO, J. C. SHAH, B. P. SINHA, P. B. GAJENDRAGADKAR
Amir Singh – Appellant
Versus
Ram Singh – Respondent
P.B.GAJENDRA GADKAR, J.
(1) WHAT is the effect of the retrospective operation of s. 31 introduced by the Punjab Pre-emption (Amendment) Act, 1960 (X. of 1960) in the parent Act of Pre-emption (No. 1 of 1913). that is the short question which arises for our decision in these three appeals which have been ordered to be consolidated for the purpose of hearing by this Court. These appeals arise from three pre-emption suits instituted by the respondents against the respective appellants. The respondents case was that the properties in suit had been sold by Aftab Rai on May 31, 1956, for Rs. 10,000.00 to the appellants and it is these sales which they wanted to pre-empt. They alleged that they are the owners of agricultural land in Patti Aulakh and Patti Kode, in Mauza Marahar Kalan, and as such, they had the statutory right to claim pre-emption, under s. 15(c) (ii) and (iii). The appellants resisted this claim on the ground that the respective vendees from Aftab Rai had transferred by exchanges about 2 kenals out of the lands purchased by them and as a result of the said exchanges the appellants had themselves become entitled to pre-empt the said sales under the sa
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