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october 1962

Supreme Court of India · 1962-10-04

AMIR SINGH AND ANOTHER vs RAM SINGH AND OTHERS(And connected appeals)

Citation / case number
SC 1961/23
Court
Supreme Court of India
Petitioner
AMIR SINGH AND ANOTHER
Respondent
RAM SINGH AND OTHERS(And connected appeals)

Judgment text excerpt

The Supreme Court held that the provisions of Section 31 of the Punjab Pre-emption Act, 1913, as amended by Punjab Act 10 of 1960, are retrospective in operation, thus invalidating the decree in favor of the respondents under the unamended section. The Court clarified that the retrospective effect of the amended Section 15 allows the respondents to claim pre-emption rights as tenants under the new provisions, which must be recognized as having vested at the relevant time. Consequently, the case was remanded for a decree based on the amended rights.

AMIR SINGH AND ANOTHER vs RAM SINGH AND OTHERS(And connected appeals) · Niyam