Supreme Court of India · 1974-08-06
AMARJIT KAUR vs PRITAM SINGH & OTHERS
- Citation / case number
- SC 1973/60194
- Court
- Supreme Court of India
- Petitioner
- AMARJIT KAUR
- Respondent
- PRITAM SINGH & OTHERS
- Bench
- MATHEW, KUTTYIL KURIEN
Judgment text excerpt
The Supreme Court addressed the applicability of Section 3 of the Punjab Pre-emption (Repeal) Act, 1973, which bars courts from passing decrees in suits for pre-emption post-enactment. The Court held that an appellate court, when confirming a decree for pre-emption from a lower court, is indeed passing a decree for pre-emption, thus falling under the prohibition of the Act. Consequently, the High Court's dismissal of the pre-emption suit was upheld, affirming the legislative intent to eliminate pre-emption rights.