BACHAN SINGH & ANR. ETC. vs CHHOTU RAM & ORS. ETC

The Supreme Court held that the claim for pre-emption under Section 15(1)(a) of the Punjab Pre-Emption Act, 1913 was invalid as the clauses First, Secondly, and Thirdly were declared ultra vires the Constitution in Atam Prakash v. State of Haryana. Consequently, the respondents in Civil Appeal No. 639 of 1985 could not base their claim on Section 15(1)(a) THIRDLY. However, the appellants in Civil Appeal No. 911 of 1971 were entitled to pre-empt under Section 15(1)(a) FOURTHLY as amended by the 1960 Act, which had retrospective effect, thus granting them rights at the time of sale.