AMIR SINGH AND ANOTHER versus RAM SINGH AND OTHERS

AMIR SINGH AND ANOTHER versus RAM SINGH AND OTHERS

Section 31 is retrospective and requires all pending cases, including appeals, to comply with the amended rights. Thus, both the extinction of old rights and the creation of new rights must operate retrospectively; respondents are entitled to seek pre-emption under their new status as tenants, subject to proof.

Parties
Appellant: Amir Singh and Another; Respondent: Ram Singh and Others
Jurisdiction
India
Judgment Date
04 October 1962
Procedural Posture
Civil Appeal / Decision on Appeals by Special Leave From High Court Judgments
Outcome
Appeals allowed
Legal Topics
Pre Emption, Retrospective Operation of Statutes, Tenancy Rights
Property Law Civil Procedure Pre Emption Retrospective Operation of Statutes Tenancy Rights

Case Brief

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Parties

Amir Singh and Another

Appellant

Ram Singh and Others

Respondent

Procedural Posture

Civil Appeal / Decision on Appeals by Special Leave From High Court Judgments

Legal Issues

  1. 1 Whether section 31 of the Punjab Pre-emption Act, 1913, as amended by Punjab Act 10 of 1960, operates retrospectively affecting pending appeals
  2. 2 Whether respondents can claim a new right of pre-emption as tenants under the amended Act in an appeal where the unamended right has been taken away retrospectively

Ratio Decidendi

Section 31 is retrospective and requires all pending cases, including appeals, to comply with the amended rights. Thus, both the extinction of old rights and the creation of new rights must operate retrospectively; respondents are entitled to seek pre-emption under their new status as tenants, subject to proof.

Court Disposition

Appeals allowed

Orders

  • Decrees of the High Court set aside
  • Matters remitted to the trial court for fresh adjudication