RAM SARUP versus MUNSHI AND OTHERS

RAM SARUP versus MUNSHI AND OTHERS

The repeal of the Punjab Alienation of Land Act, 1900, did not abrogate the right of pre-emption under the Punjab Pre-emption Act, 1913. The amendments introduced by Punjab Act 10 of 1960, including the retrospective effect and abolition of certain pre-emption rights, are constitutionally valid and apply to pending suits and appeals. Section 15(a) of the Punjab Pre-emption Act is not repugnant to Article 19(1)(f) as the restriction is reasonable for maintaining village structure and is saved under Article 19(5). Where the appeal is joint and abates for one deceased appellant, the entire appeal abates.

Parties
Appellant: Ram Sarup; Respondent: Munshi; Appellant: Hardyal Hardy; Appellant: N. N. Keswani; Respondent: Dayal Swarup Nehra; Respondent: K. R. Choudhuri; Appellant: Hardev Singh; Appellant: Y. Kumar; Respondent: K. L. Gosain; Respondent: M. L. Aggrawala; Appellant: P. S. Safeer; Respondent: Achhru Ram; Respondent: B. D. Jain
Jurisdiction
India
Judgment Date
30 August 1962
Procedural Posture
Civil Appeal / Supreme Court on Special Leave From Judgments of Punjab High Court
Outcome
Appeals Nos. 214, 139, 147 dismissed as abated or for lack of merit; Appeal No. 510 allowed; appeal of respondent's pre-emption suit dismissed.
Legal Topics
Pre Emption, Retrospective Legislation, Constitutional Validity, Punjab Pre Emption Act, Right to Property
Property Law Constitutional Law Pre Emption Retrospective Legislation Constitutional Validity Punjab Pre Emption Act Right to Property

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Parties

Ram Sarup

Appellant

Munshi

Respondent

Hardyal Hardy

Appellant

N. N. Keswani

Appellant

Dayal Swarup Nehra

Respondent

K. R. Choudhuri

Respondent

Hardev Singh

Appellant

Y. Kumar

Appellant

K. L. Gosain

Respondent

M. L. Aggrawala

Respondent

P. S. Safeer

Appellant

Achhru Ram

Respondent

B. D. Jain

Respondent

Procedural Posture

Civil Appeal / Supreme Court on Special Leave From Judgments of Punjab High Court

Legal Issues

  1. 1 Whether the repeal of the Punjab Alienation of Land Act, 1900, affected the enforceability of pre-emption rights under the Punjab Pre-emption Act, 1913.
  2. 2 Whether Section 15(a) of the Punjab Pre-emption Act, 1913, as amended, is repugnant to Article 19(1)(f) of the Constitution of India.
  3. 3 Whether the provisions of Punjab Act 10 of 1960, including retrospective abolition of certain pre-emption rights, apply to pending appeals.

Ratio Decidendi

The repeal of the Punjab Alienation of Land Act, 1900, did not abrogate the right of pre-emption under the Punjab Pre-emption Act, 1913. The amendments introduced by Punjab Act 10 of 1960, including the retrospective effect and abolition of certain pre-emption rights, are constitutionally valid and apply to pending suits and appeals. Section 15(a) of the Punjab Pre-emption Act is not repugnant to Article 19(1)(f) as the restriction is reasonable for maintaining village structure and is saved under Article 19(5). Where the appeal is joint and abates for one deceased appellant, the entire appeal abates.

Court Disposition

Appeals Nos. 214, 139, 147 dismissed as abated or for lack of merit; Appeal No. 510 allowed; appeal of respondent's pre-emption suit dismissed.

Orders

  • No order as to costs in appeal No. 510.
  • Appeal No. 214 dismissed as having abated for failure to bring on record legal representatives of deceased appellant.