Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Punjab Custom (Power to Contest) Act. 1920 - Suit for declaration filed in respect of land- Trial court dismissed the suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Punjab Custom (Power to Contest) Act. 1920 - Suit for declaration filed in respect of land- Trial court dismissed the suit - However, appellate court decreed the suit in favour of respondent which became final as it was not challenged by appellants - Execution application - Challenged by judgment debtor-appellants - Executing court allowed the execution application - On appeal, appellate court and revisional court affirmed the order of executing court - In the instant appeal, judgment debtor-appellants raised objection that the decree was rendered nullity in the light of amendment made in 1973 in Punjab Custom (Power to Contest) Act, 1920; that the rights of decree holder-respondent on which their suit was based were at the relevant time governed by the provisions of the Act but the amendment made in 1973 took away those customary rights; that the amendment was held retrospective in its operation by Supreme Court in Darshan Singh and Kesar Singh and hence the very basis of filing the suit stood withdrawn by reason of amendment and, therefore, the decree in question had become nullity - Held: It is clear from the fact that the suit was filed in 1962 whereas the appellate Court passed the decree in 1965 and the amendment in the Act was introduced and came into force in 1973 - So the /is had already attained the finality much before the amendment came into force - Secondly. the amendment was held retroactive in nature and, therefore, it was applicable only to those proceedings, which were pending on the date when the amendment came into force, i.e. 1973, or where the proceedings were initiated after the date of amendment - Moreover, the provisions of the Amendment Act of 1973 are applicable only to the State of Punjab whereas the case in hand arises out of State of Haryana - Thus, no interference with the impugned order called for - Code of Civil Procedure, 1908. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 746 |
Petitioner | Lekh Raj (dead) Through L.rs. & Ors. |
Respondent | Ranjit Singh & Ors. |
SCR | [2017] 7 S.C.R. 542 |
Judgement Date | 2017-08-16 |
Case Number | 1885 |
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