Court : Punjab and Haryana
Reported in : AIR1954P& H55
..... in -- 'air 1953 punj 20 (a)', the validity of the act was challenged on the ground that section 15 of the act being dependent on section 14 of the act must be deemed to have been repealed by the repeal of the punjab alienation of land act, 1900. ..... in construing sections 4, 12 and 13, punjab preemption act, 1905, in -- 'sanwal das v. ..... judges have called the law of preemption to be archaic and some have called it piratical but in order to find out whether the law is 'intra vires' of the constitution or not we are not concerned with the terms in which this law has been described by various learned judges, but whether it is in conflict with any of the provisions of the constitution and particularly the fundamental rights whichafter all represent our concept of natural justice, which was said by the roman lawyers to be the basis of all law ..... 511 he said: 'the fundamental question raised by the argument is whether the customary right of preemption dealt with under the punjab laws act, 1872, is a right to or in immoveable property within the meaning of this section, and it appears to me that it is not. ..... the plaintiff uttam singh brought a suit for possession by preemption alleging 'inter alia' that he had a preferential and superior right to the land on the grounds (1) that the plaintiff was proprietor in the village with a share in 'shamilat' which the defendants vendees were not, and (2) that he was a co-sharer in the khatas and that his land was adjacent to the land sold. 42. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... in sadhu singh's case (supra), section 3 of punjab pre-emption (repeal) act, 1973, which barred a decree being passed in a suit for pre-emption on and from the date of the commencement of the act fell for consideration. ..... in this context, it is useful to compare the definition of a 'tenant', and the provision for eviction, under the east punjab urban rent restrictions act, 1949, the tamilnadu buildings (lease and rent control) act, 1960 and the haryana urban (control of rent and eviction) act, 1973 vis-a-vis similar provisions under act 15 of 1960.subject east punjab urban the tamilnadu haryana urban the a.p. ..... the court in that case which was dealing with the provisions of usurious loans act 1918 as amended by section 5 of the punjab relief of indebtedness act which was extended to delhi on 8-6-1956 held that section 6 of the said amendment act expressly made the provisions of the act applicable to all suits pending on or instituted after the commencement of that act and that appeals being continuation of the suits, the amendment was equally applicable to the appeals.24. ..... during the pendency of the appeal section 15 was substituted by taking away the right of co-sharers to preempt a sale and vesting the right of preemption in a tenant. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(1)WLN10
..... neki (supra) also did not express any opinion on the subject and on basis of the punjab pre-emption act, it held that the right of preemption does not abate on the death of pre-emptor and it can be exercised by the legal representatives when they are brought on record. ..... kewal chand wherein he had discussed most of the above cases and had come to the conclusion that 'the appeal abates as after the death of the sole plaintiff, gopichand so far as the right to claim the decree based on preemption on the basis of the custom which was prevalent earlier coming into force of the rajasthan act, is concerned, the legal heirs of gopi chand cannot claim it and continue to sue.'10. ..... kalu singh 1966 current law journal (punjab) 124, also took the view that the right of preemption is purely a personal right and it comes to an end on the death of the pre-emptor & it was held that the legal-representatives cannot continue suit for pre-emption & relying on these authorities, another single judge, justice g.m. ..... kunj behari 1985 rlr 824 where in it has been observed that right recognised under the mohammedan law or under the rajasthan preemption act, runs with the land and is not personal, though it becomes personal for purpose of enforecability. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1982HP113
..... the respondent claimed to derive his superior right of pre-emption under section 15 (1) (a) of the punjab preemption act, hereinafter referred to as the pre-emption act. ..... as a result of my above discussion i would hold that the widow who succeeded to the estate of her husband before the coming into force of the hindu succession act and thereafter her estate becomes enlarged to the full ownership can be said to have succeeded through her husband to the property in terms of section 15 (2) of the punjab pre-emption act and answer the question referred to above in the affirmative,h.s. ..... 'whether a widow who succeeded to the estate of her husband before the coming into force of the hindu succession act, 1956 and thereafter her estate becomes enlarged to the full ownership, can be said to have succeeded through her husband to the property in terms of section 15 (2) of the punjab pre-emption act. ..... their case was that the land in question could be preempted only under section 15 (2) (b) of the preemption act which does not recognise anyright of pre-emption in favour of a tenant and that the provisions of section 15 (1) of the pre-emption act could not be attracted in this case.5. ..... their lordships of the division bench expressed the view that a hindu widow in such circumstances could not within the meaning of sub-section (2) of section 15 of the preemption act be said to have succeeded to the property in question through her husband. .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(4)KarLJ394; ILR2007(2)Kar1845; 2007(3)KCCRSN124; 2007(3)AIRKarR510;
..... 474:where an act passed after 1850 repeals wholly or partially any former enactment and substitutes provisions for the enactment repealed, the repealed enactment remains in force until the substituted provisions come into operation.and observed: (scc p. ..... the apex court has clearly held as under:even assuming, for the make of argument that right of preemption being a feudal or archaic law and therefore, the amending act is a beneficial legislation meant for general benefit of citizens but there is no such rule of construction that a beneficial legislation is always retrospective in operation even though such legislation either expressly or by necessary intendment is not made retrospective. ..... ) a constitution bench of the apex court dealing with punjab pre-emption act, (1 of 1913), while interpreting section 15, as substituted by haryana amendment act, 1995 which vests right of pre-emption in tenant has held that the rule, of benevolent construction cannot be applied to give retrospective operation to a provision. ..... p-4 etc extract for the year 1969-70 to 1973-74 column no. ..... 9 & 12 right from the inception up to 1973-74 discloses the name of mr. g.v.s. ..... r-2 to r-8 and from 1969-70 to 1973-74 is entered as 'swantha'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC89; (1969)2SCC653; [1970]2SCR129
..... the appellants' right to appeal was challenged on the ground that the amendment of the punjab pre-emption act (hereinafter called the act) by the punjab act x of 1960 had deprived them of their right of pre-emption with retrospective effect. ..... it is against the decree of the high court reducing the amount of deposit to be made by respondents 1 to 3 that the appellants preemptors have come to this court on appeal and their right to appeal is challenged on the ground that the existing law of preemption has retrospectively deprived them of their right to preempt by prohibiting the courts from passing a decree for pre-emption inconsistent with the act as amended. ..... respondents 1 to 3, feeling dissatisfied with the decision on the amount of deposit to be made, preferred an appeal to the punjab high court. ..... the right of respondents 1 to 3 was determined by the high court and it was claimed on their behalf at the bar of this court that they had already deposited the preemption money as required by the high court decree. ..... according to that decision, section 31 is plain and comprehensive enough to require an appellate court to give effect to the substantive provisions of the amending act whether the appeal before it is one against a decree granting pre-emption or one refusing that relief. ..... or of para 3 of chapter i-m(c) at page 59 of volume i of the punjab high court rules and orders. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)ACC86; AIR2003Raj251; RLW2003(4)Raj2248; 2003(3)WLC428
..... munshi reported in air 1963 sc 553, a five bench judges held that repeal of the punjab alienation of land act, 1900 has no effect on the continued operation of the preemption act and the expression 'agricultural land' in the later act has to be read as if the definition in the alienation of land act had been bodily transposed into it. ..... the apex court held (para 29) :--'if the subsequent orissa motor vehicles taxation (amendment) act, 1943 incorporating the definition of the 'motor vehicles' referred to the definition of 'motor vehicles' under the act as then existing, the effect of the legislative method would in our view amount to incorporation by reference of the provisions of section 2(18) of the act in section 2(c) of the taxation act. ..... since 1980 prior to amendment by making the applicability of the definition of motor vehicles act as amended from time to time the consistent view of the court is that by making a reference to the motor vehicles act, 1939 at the time of enactment of the act the legislature had adopted well known method of legislating by incorporating the provisions of the motor vehicles act by reference. ..... any subsequent amendment in the act or a total repeal of the act under a fresh legislation on that topic would not affect the definition of 'motor vehicle' in section 2(c) of the motor vehicles act.'16. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H206
..... several issues were framed and the trial court held that the plaintiffs were not co-sharers but were merely owners in the estate and had an equal right with ishar singh, butbecause ishar singh had already obtained a decree in his favour the plaintiffs were not entitled to a share in the land under section 17 of the punjab preemption act and he therefore dismissed the suit. ..... gurdial singh, additional district judge of ferozepore, held that under section 17 of the punjab pre-emption act both parties were pre-emp-tors and had a right to share equally under clause (e) of section 17 3. ..... that the term 'pre-emptor' has been used in the above sense in the punjab pre-emption act, 1913, will also appear from the language of sections 11, 19, 25 and 26 in which the word occurs. ..... the right of pre-emption means the right to acquire property in preference (vide section 4 of the punjab pre-emption act), and the word 'pre-emptor' is, i believe, ordinarily understood to mean a person who seeks to acquire pro-perty in this manner. ..... all 664, where in somewhat similar circumstances it was held that under a 13 of the agra pre-emption act, when two or more persons claim pre-emption and are equally entitled to property it shall be equally divided between them and it matters iittle who comes to court first provided they all come within the period of limitation and section 20 of that act does not apply to the case where one rival pre-emptor has obtained a decree for .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)144PLR269
..... in this context, reference was made to the provisions of section 5 of the punjab tenancy act, 1887 and it was submitted that only a person acquires a right of occupancy tenant, who was in possession of that land for the last two generations and for more than twenty years. ..... it is a different matter that he could not fulfil the legal requirements of acquiring occupancy rights within the meaning of punjab tenancy act, but his plea that he was tenant in possession is clearly proved and the evidence led by him is in accordance with his pleadings. ..... this petition was filed by bansi dass, mahant ram chander and brahma nand (present respondents) against the state of haryana, including, against the present appellants, seeking to restrain the respondents from dispossessing the petitioners from the land belonging to smadhgans, in which the state had undertaken not to acquire the smadh and to provide the passage. ..... similarly, the brahm dutt's case (supra), related to the preemption of the land. ..... since the land acquired, was in possession of the respondents, therefore, the learned trial court had rightly allowed 1/4th share of the amount of compensation to the respondents and 3/4th share of the amount of compensation to the appellants. ..... aggrieved against this judgment, the present appeal was filed by the owners, namely, rani hem lata and her son kanwar rambir singh (both died during the pendency of the appeal), objecting the payment of 1/4th share of the amount compensation to the respondents. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC553; (1963)65PLR531; [1963]3SCR858
..... in the circumstances, therefore, the repeal of the punjab alienation of land act of 1900 has no effect on the continued operation of the pre-emption act and the expression 'agricultural land' in the later act has to be read as if the definition in the alienation of land act had been bodily transposed ..... now, by the adaptation of laws (third amendment) order, 1951, the punjab alienation of land act, 1900, has been repealed and the argument urged by the learned counsel for the appellant was that by reason of the repeal of that act the right of pre-emption granted ..... , before the repeal of the punjab alienation of land act, 1900, there were two principal limitations on the right of pre-emption in respect of 'agricultural land' : (1) it applied only to such land as was defined in the punjab alienation of land act, and (2) by virtue ..... therefore clearly of the opinion that neither the repeal of the punjab alienation of land act, 1900, nor the consequential removal of the fetters imposed by ..... not operate after the repeal of the punjab alienation of land act but that would leave the court with an unfettered power to grant decrees under the provisions of the act, i.e. ..... clear and that is that the authority which effected the repeal of the punjab alienation of land act did not consider that punjab act i of 1913 had itself to be repealed. ..... we shall now consider the effect of the repeal of the punjab alienation of land act with reference to each of the provisions :- definition of 'agricultural land .....
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