D.K.MAHAJAN, BAL RAJ TULI, PRITAM SINGH PATTAR
Karnail Singh – Appellant
Versus
Jabir Singh – Respondent
PRITAM SINGH PATTAR, J.
1. By this judgment, we shall dispose of the following two Regular Second Appeals, which are directed against the judgment dated 1-4-1961 of the Additional District Judge Karnal:-
(1) R. S. A. No. 560/1961-Karnail Singh and others V/s. Jabbar Singh.
(2) R. S. A. No. 1221/1961 - Jabbar Singh V/s. Karnail Singh and others.
Both these appeals came up for hearing before Hon ble Mahajan, J., and by order dated 27-8-1971, he directed that both the appeals may be laid before the Hon ble Chief Justice for constituting a Full Bench to decide the law point involved in these appeals. The following observations were made in the order dated 27-8-1971 of Mahajan J.:-
"The principal contention that has been advanced by the learned counsel for the vendees is that in view of Section 31, the applicability of Section 5 has to be seen at the date of the ultimate decision and not at the date of the suit. A contrary view to the contention urged has been taken in three decisions of this Court, Balwant Singh V/s. Kehar Singh, 1963-65 Pun LR 972; Madan Lal V/s. Dhan Raj, 1964 Cur LJ (Punj.) 343, and Tek Chand V/s. Sain Dass, 1967 Cur LJ (Punj and Har) 824. It appears to me t
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.