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1968 Supreme(Del) 129

V.S.DESHPANDE
MARCHI – Appellant
Versus
MATHU RAIN – Respondent


Advocates Appeared:
Hemchand, SITA RAM SHARMA

( 1 ) THIS appeal involves a challenge to the validity of Section 2 of the Union Territories (Laws) Act, 1950 and to the extension by a notification there- under (by the Central Government) of the Punja Pre-emption (Amendment) Act, 1960, to Himachal Pradesh. The appellant s claim for pre-emption was dismissed by the lower Appellate Court reversing the judgment of the trial Courton the ground that she, as the sister of respondent No. 3, Mast Ram, had no right to pre-empt a sale deed dated 24th September 1965 by Mast Ram to respondents 1 and 2, Mathu Ram and Sant Ram, in view of the amendment of Section 15 of the Punjab Pre-emption Act, 1913, made by the amending Act No. 10 of 1960 (hereinafter called the Amendment Act

( 2 ) THE Punjab Pre-emption Act, 1913, was extended to Himachal Pradesh by the Central Government in 1949, acting under the Himachal Pradesh (Application of Laws) Order, 1948. It is common ground that under Section 15 of the Punjab Preemption Act, 1913, a sister was not entitled to pre-empt a sale by her brother. The Hindu Law of Inheritance (Amendment Act (No. 2 of 1929), however, introduced the sister in the order of succession to the separate property of a Hindu ma




















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