PIRTHI versus MOHAN SINGH & ORS.

PIRTHI versus MOHAN SINGH & ORS.

Since the Amendment Act came into force during the pendency of the suit, and the appellant/pre-emptor did not have the right to pre-empt on the date of passing of the decree by the court of first instance, the suit was rightly dismissed by all lower courts including the High Court. The Haryana Amendment Act 10 of 1995 is not retrospective, but the pre-emptor must have the right on all three relevant dates, and the appellant lost such right by virtue of the amendment before decree.

Parties
Appellant: Pirthi; Respondents: Mohan Singh & Ors.
Jurisdiction
India
Judgment Date
02 September 2011
Procedural Posture
Civil Appeal / Final Disposition Appeal Dismissed
Outcome
Appeal dismissed
Legal Topics
Pre Emption, Retrospective Operation of Amendments, Co Sharer Rights, Punjab Pre Emption Act, 1913, Haryana Amendment Act, 1995
Property Law Civil Procedure Pre Emption Retrospective Operation of Amendments Co Sharer Rights Punjab Pre Emption Act, 1913 Haryana Amendment Act, 1995

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Parties

Pirthi

Appellant

Mohan Singh & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition Appeal Dismissed

Legal Issues

  1. 1 Whether the Haryana Amendment Act 10 of 1995, which deleted the right of pre-emption based on co-sharership under Section 15 of the Punjab Pre-emption Act, 1913, has retrospective operation affecting suits filed before the amendment.
  2. 2 Whether a pre-emptor must have the right to pre-empt on the date of sale, on the date of filing of the suit, and on the date of passing of the decree by the court of the first instance.

Ratio Decidendi

Since the Amendment Act came into force during the pendency of the suit, and the appellant/pre-emptor did not have the right to pre-empt on the date of passing of the decree by the court of first instance, the suit was rightly dismissed by all lower courts including the High Court. The Haryana Amendment Act 10 of 1995 is not retrospective, but the pre-emptor must have the right on all three relevant dates, and the appellant lost such right by virtue of the amendment before decree.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs