DARSHAN SINGH AND ANR. ETC. ETC. versus RAM PAL SINGH AND ANR. ETC. ETC.

DARSHAN SINGH AND ANR. ETC. ETC. versus RAM PAL SINGH AND ANR. ETC. ETC.

On a construction of the Amendment Act and its objects the legislature intended to put an end to the customary right to contest alienations; section 7 as amended removes the power to contest and, because an appeal is a continuation of the suit, the amended provision applies to pending proceedings (effective from...

Source-derived case information.

Parties
Appellant: Darshan Singh and Anr.; Respondent: Ram Pal Singh and Anr.
Jurisdiction
India
Judgment Date
20 November 1990
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court (special Leave)
Legal Topics
Retrospectivity of Statute, Power to Contest Alienation, Appeal as Continuation of Suit, Effect of Amendment on Customary Rights, Interaction of Hindu Succession Act and Local Custom
Property Law Customary Law Statutory Interpretation Civil Procedure Retrospectivity of Statute Power to Contest Alienation Appeal as Continuation of Suit Effect of Amendment on Customary Rights +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Party arguments 2
Sign in to unlock

Parties

Darshan Singh and Anr.

Appellant

Ram Pal Singh and Anr.

Respondent

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court (special Leave)

Legal Issues

  1. 1 Whether the Punjab Custom (Power to Contest) Amendment Act, 1973 is retrospective and applies to pending proceedings
  2. 2 Whether the Amendment Act extinguished the customary power to contest alienations of immovable property
  3. 3 Whether an appeal is a continuation of the suit so that the amended law applies to pending appeals

Ratio Decidendi

On a construction of the Amendment Act and its objects the legislature intended to put an end to the customary right to contest alienations; section 7 as amended removes the power to contest and, because an appeal is a continuation of the suit, the amended provision applies to pending proceedings (effective from 23.1.1973); accordingly the appeals are dismissed and cases remanded to the High Court to examine any claims under Hindu law.