Judgement

Appeal (No. 62 of 1945), by special leave, from a judgment and order of the Federal Court of India (May 8, 1942) by which a judgment and decree of the High Court at Lahore (February 27, 1941), dismissing appeals brought by the appellant and respondents Nos. 2 and 3 respectively from the judgment and decree of the Subordinate Judge, IV. Class, Sialkot (July 22, 1940), were set aside and directions given with regard to the framing of proper issues and the remittal of the case to the trial court for further trial and decision.

The questions which arose in this appeal were — (r.) Whether, and if so, how far, s. 5 of the Punjab Alienation of Land (Second Amendment) Act, 1938 (Punjab Act X. of 1938), whereby a new section,

s. 13a, was introduced into the Punjab Alienation of Land Act, 1900 (Indian Act XIII. of 1900) was ultra vires as being in contravention of s. 298 of the Constitution Act; and (2.) whether the provisions of s. 5 of the impugned Act applied retrospectively so as to affect transactions entered into before its enactment.

Section 13A was headed "III.—A.—Benami Transactions” and provided as follows—" 13.—A. (1.) When a sale, " exchange, gift, will, mortgage, lease