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1974 Supreme(P&H) 36

D.K.MAHAJAN, BAL RAJ TULI, PRITAM SINGH PATTAR
Karnail Singh – Appellant
Versus
Jabir Singh – Respondent


Judgment

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










































































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