Supreme Court of India · 1996-08-22
SMT. SHANTI DEVI & ANR vs HUKUM CHAND
- Citation / case number
- SC 1995/64166
- Court
- Supreme Court of India
- Petitioner
- SMT. SHANTI DEVI & ANR
- Respondent
- HUKUM CHAND
- Author
- K. VENKATASWAMI N.P.SINGH
- Bench
- K. VENKATASWAMI N.P.SINGH
Judgment text excerpt
The Supreme Court upheld the High Court's order allowing the execution of a pre-emption decree despite the appellants' claim that the Punjab Pre-emption Act, 1913 was unconstitutional. The Court referenced the case of Atam Prakash v. State of Haryana, clarifying that decrees which have become final remain binding on the parties involved. The Court held that the decree-holder is entitled to physical possession of the specific khasra numbers as per the decree, affirming the execution of the pre-emption decree.