Supreme Court · 2001 INSC 323 · Decided 31 July 2001
Shyam Sunder and ANR. v. Ram Kumar and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 323 · [2001] SUPP. 1 S.C.R. 115
- Case number
- CIVIL APPEAL No. 4680/1993
- Decided
- 31 July 2001
- Bench
- S.P. BHARUCHA, V.N. KHARE, N. SANTOSH HEGDE, Y.K. SABHARWAL, SHIVARAJ V. PATIL (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution
Headnote
P1111jab Pre-emption Act-Section 15-Haryana Amendment Act, 1995- Sale of suit lands-Right of co-sharers of the suit lands to pre-empt sale- C Trial Court decreed in favour of co-sharers-Right withdrawn through an amendment in the Act during pendency of appeal-Effect of-Consideration of the after decree of the suit is a vested right of the pre-emptor-Appellate Court cannot consider subsequent amendment in the Act during the pendency of appeal and take away the vested right accrued on passing of the decree by Trial Court-The D amended section is not retrospective in operation
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