Supreme Court · 2011 INSC 638 · Decided 2 September 2011
Pirthi v. Mohan Singh & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 638 · [2011] 11 S.C.R. 122
- Case number
- CIVIL APPEAL No. 6391/2003
- Decided
- 2 September 2011
- Bench
- P. SATHASIVAM, H.L. GOKHALE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution
Headnote
PUNJAB PRE-EMPTION ACT, 1913: c s .. 15 (as amended by Haryana Amendment Act 10 of 1995) - Right of pre-emption - Suit for pre-emption filed by co-sharer - During pendency of the suit s. 15 amended in 1995 ·- Suit dismissed by trial court - Judgment upheld by first appellate court and High is not a declaratory Act and, therefore, it has no retrospective operation - The 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 - Since the Amendment Act came into force
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