DARSHAN SINGH SURJEET SINGH KEHAR SINGH NIRANJAN SINGH MEWA SINGH KESAR SINGH MOHINDER SINGH SADHU SINGH Vs. RAM PAL SINGH:JAGIR SINGH:TARA SINGH:PRITAMKAUR:WARYAM SINGH:MOHINDER SINGH:PRITAM KAUR:SHER SINGH AND ANOHER
LAWS(SC)-1990-11-11
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on November 20,1990

DARSHAN SINGH,SURJEET SINGH,KEHAR SINGH,NIRANJAN SINGH,MEWA SINGH,KESAR SINGH,MOHINDER SINGH,SADHU SINGH Appellant
VERSUS
PRITAM KAUR,MOHINDER SINGH,SHER SINGH,RAM PAL SINGH,JAGIR SINGH,TARA SINGH,PRITAMKAUR,WARYAM SINGH Respondents


Referred Judgements :-

MANSHAN (SMT) V. TEJ RAM [REFERRED TO]
GOKAL CHAND VS. PARVIN KUMARI [RELIED ON]
SHYABUDDINSAB MOHIDINSAB AKKI VS. GADAG BETGERI MUNICIPAL BOROUGH [CITED]
GARIKAPATI VEERAYA VS. N SUBBIAH CHOUDHRY [REFERRED TO]
UJAGAR SINGH VS. JEO [RELIED ON]
SALIG RAM VS. MUNSHI RAM [RELIED ON]
MOHANLAL JAIN VS. HIS HIGHNESS MAHARAJA SHRI SAWAI MAN SINGHJI EX RULER OF JAIPUR AN [CITED]
SHAH BHOJRAJ KUVERJI OIL MILLS AND GINNING FACTORY VS. SUBHASH CHANDRA YOGRAJ SINHA [REFERRED TO]
R B S S MUNNALAL VS. S S RAJKUMAR [REFERRED TO]
RAFIQUENNESSA MOHAMMAD WAHEDULLA VS. LAL BAHADUR CHETRI SINCE DECEASED AND AFTER HIM HIS LEGAL REPRESEN TATIVES:MOHAMMAD ABDUL HANAID [RELIED ON]
DAYAWATI VS. INDERJIT [CITED]
GIASI RAM VS. RAMJILAL [REFERRED TO]
PUNITHAVALLI AMMAL VS. MINOR RAMALINGAM [REFERRED TO]
RAJ NARAIN PANDEY VS. SANT PRASAD TEWARI [RELIED ON]
AMARJIT KAUR SMT TEJ KAUR BANTA SINGH KARAM CHAND RANJIT SINGH CHHANGA SINGH BAKSHISH SINGH HARBHAJAN SINGH VS. PRITAM SINGH:AJAIB SINGH:BACHAN SINGH:PARTAP SINGH:NARINJAN SINGH:MAGHAR SINGH:HARBANS SINGH:MOHAN SINGH [RELIED ON]
OFFICIAL LIQUIDATOR VS. RAGHAWA DESIKACHAR [REFERRED TO]
JOSE DA COSTA VS. BSCORA SADASIVA SINAI NARCORNIM [REFERRED TO]
GOVIND DAS VS. INCOME TAX OFFICER [REFERRED TO]
SADHU SINGH VS. DHARAM DEV [RELIED ON]
LAKSHMT NARAYAN GUTN VS. NTRANJAN MODAK [RELIED ON]
COMMISSIONER OF WEALTH TAX KANPUR VS. CHANDER SEN [REFERRED TO]
YUDHISHTER VS. ASHOK KUMAR [REFERRED TO]
BARA SINGH VS. KASHMIRA SINGH [OVERRULED]
MITHILESH KUMARI VS. PREM BEHARI KHARE [RELIED ON]



Cited Judgements :-

RAJENBHAI BALDEVBHAI SHAH VS. BAIJIBEN KABHAIBHAI PATANVADIA [LAWS(GJH)-2009-3-21] [REFERRED TO]
N JANGI REDDY VS. YELLARAM NARSIMHA REDDY [LAWS(APH)-2007-10-27] [REFERRED TO]
BHAWANI SHANKAR VS. BOARD OF REVENUE [LAWS(RAJ)-2013-1-176] [REFERRED TO]
KARNAL IMPROVEMENT TRUST KARNAL VS. PARKASH WANTI DEAD [LAWS(SC)-1995-5-6] [REFERRED TO]
K S PARIPOORNAN VS. STATE OF KERALA [LAWS(SC)-1994-9-114] [REFERRED TO]
RANA CHILLER PVT. LIMITED VS. NATIONAL HORTICULTURE BOARD (NHB) [LAWS(P&H)-2014-9-149] [REFERRED TO]
KEHAR SINGH (D) THR.L.RS. & ORS. VS. NACHITTAR KAUR & ORS. [LAWS(SC)-2018-8-110] [REFERRED TO]
STATE BANK OF HYDERABAD MIRYALAGUDA BRANCH VS. ADVATH SAKRU [LAWS(APH)-1993-3-1] [REFERRED TO]
MEHSANA DISTRICT COOPERATIVE MILK PRODUCERS UNION LIMITED VS. STATE OF GUJARAT [LAWS(GJH)-2017-3-662] [REFERRED TO]
NIRMA LIMITED VS. MURLIDHAR MOHAN [LAWS(GJH)-2013-6-253] [REFERRED TO]
GUJARAT UNIVERSITY VS. MEGHA BHUPENDRA KUMAR GOSWAMI [LAWS(GJH)-2011-7-135] [REFERRED TO]
BAKSHISH SINGH VS. HARBANS SINGH [LAWS(P&H)-2008-9-48] [REFERRED TO]
VINEETA SHARMA VS. RAKESH SHARMA [LAWS(SC)-2020-8-11] [REFERRED TO]
PANIPAT IMPROVEMENT TRUST, PANIPAT VS. TRIBUNAL CONSTITUTED UNDER TOWN IMPROVEMENT ACT [LAWS(P&H)-1995-4-107] [REFERRED]
SURAIN SINGH VS. LAKHMIRA SINGH [LAWS(SC)-1996-10-59] [REFERRED TO]
MATHEW VARGHESE VS. ROSAMMA VARGHESE FB [LAWS(KER)-2003-7-34] [REFERRED TO]
UTTAM CHAND KISHAN DASS VS. D C M SHRI RAM INDUSTRIES LTD [LAWS(ALL)-1997-7-61] [REFERRED TO]
BHAVANBHAI BHARABHAI BHARWAD VS. STATE OF GUJARAT [LAWS(GJH)-2016-12-33] [REFERRED TO]
STATE BANK OF HYDERABAD VS. ADVATH SAKRU [LAWS(APH)-1993-3-54] [REFERRED TO]
NAND KISHORE SHARMA VS. DELHI SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS [LAWS(DLH)-2013-7-500] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. JAIRANI [LAWS(ALL)-2009-1-1] [REFERRED TO]
SANDIP SANTRA VS. PAPIYA BISWAS [LAWS(CAL)-2012-10-66] [REFERRED TO]
MOHINDER SINGH (D) VS. MAL SINGH (D) [LAWS(SC)-2022-3-126] [REFERRED TO]
SURINDER SINGH VS. NIHALO [LAWS(P&H)-2002-5-212] [REFERRED]
ARJAN SINGH VS. SURJIT SINGH [LAWS(P&H)-1992-12-15] [REFERRED TO]
INDEPENDENT SCHOOLS FEDERATION OF INDIA (REGD.) VS. UNION OF INDIA [LAWS(SC)-2022-8-106] [REFERRED TO]
KAMAKAR SINGH VS. DIDAR SINGH [LAWS(P&H)-2010-3-169] [REFERRED TO]
UJAGAR SINGH VS. BADAN SINGH [LAWS(P&H)-2010-5-226] [REFERRED TO]
SABANA @ CHAND BAI VS. MOHD. TALIB ALI [LAWS(RAJ)-2013-10-41] [REFERRED TO]
SANT SINGH AND OTHERS VS. VIIKRAM SOOD AND OTHERS [LAWS(P&H)-1992-1-227] [REFERRED TO]
AMI PIGMENTS PVT LTD VS. STATE OF GUJARAT [LAWS(GJH)-2007-4-31] [REFERRED TO]
SHRIJEE TRADING COMPANY VS. STATE OF GUJARAT [LAWS(GJH)-2003-8-24] [REFERRED TO]
CHANDER RAMAN VS. OM PRAKASH [LAWS(J&K)-1993-12-2] [REFERRED TO]
MIHAN VS. INDER [LAWS(P&H)-2008-2-40] [REFERRED TO]
AMIN CHAND VS. SUKHYBIR SINGH [LAWS(P&H)-2008-9-6] [REFERRED TO]
FERRO ALLOYS CORPN LIMITED VS. UNION OF INDIA [LAWS(SC)-1999-3-28] [REFERRED]
UNIVERSITY OF KERALA VS. MERLIN J.N [LAWS(SC)-2022-8-57] [REFERRED TO]
REGIONAL MANAGER CENTER POINT DISTRICT ALIGARH VS. NEW INDIA ASSURANCE COMPANY LTD [LAWS(ALL)-2009-3-23] [REFERRED TO]
GANESH GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-9-4] [REFERRED TO]
SHRAVAN PAL SINGH VS. POORAN NATH GOSWAMI [LAWS(ALL)-1996-3-11] [REFERRED TO]
BHAVANBHAI BHARABHAI BHARWAD VS. STATE OF GUJARAT [LAWS(GJH)-2016-12-45] [REFERRED TO]
BHIMRAO CHANDRU PATIL VS. BALKRISHNA DATTATRAYA JOSHI [LAWS(BOM)-2001-9-79] [REFERRED TO]
VASANTRAO ANNASAHEB UBALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-2-4] [REFERRED TO]
KESAR SINGH VS. SADHU [LAWS(SC)-1996-1-216] [REFERRED TO]
JANBA DEAD VS. GOPIKABAI [LAWS(SC)-2000-4-11] [RELIED]
DALJEET SINGH VS. BALWANT SINGH [LAWS(P&H)-1991-3-212] [REFERRED]
NACHHITTAR KAUR VS. KEHAR SINGH [LAWS(P&H)-2006-4-182] [REFERRED TO]
RAJESH LALWANI VS. STATE OF M P [LAWS(MPH)-2008-8-130] [REFERRED]
K S DAS VS. STATE OF KERALA [LAWS(KER)-1992-6-21] [REFERRED TO]
MERIND LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-5-34] [REFERRED TO]
STATE BANK OF HYDERABAD AND VS. ADVATH SAKRU [LAWS(APH)-1993-3-12] [REFERRED TO]


JUDGEMENT

K.N. Saikia, J. - (1.)The appellants were contesting alienations under the provisions of the Punjab Custom (Power to Contest) Act, 1920, hereinafter referred to as 'the Principal Act', and their suits were at appellate stage in the High Court when the Punjab Custom (Power to Contest) Amendment Act, 1973 (Punjab Act No. 7 of 1973), hereinafter referred to as the Amendment Act came into force on 23rd day of January, 1973. The High Court dismissed the appeals taking the view that no contest to alienations was permissible after the Amendment Act came into force. Hence these eight appeals by special leave.
(2.)Earlier the suit Dharam Singh v. Ujaggar Singh, disputing the customary adoption of the defendant and the gift deed made in his favour and claiming title to the property mutated by that right was filed on 22-8-1966 and Judgment of the trial Court was dated 16-10-1968. On appeal the District Judge, Ludhiana by Judgment dated 12-1-1970 remanded the case and after remand the Judgment was delivered by trial Court on 26-8-1971; the appeal therefrom was filed on 29-9-1971 and the District Judge delivered Judgment on 28-2-1973. Meanwhile the Amendment Act came into force on 23-1-1973. The second appeal was filled on 25-3-1973 and it was dismissed on 3-4-1973 and it was dismissed on 3-4-1973. Special Leave Petition filed in this Court on 1-5-1973 and special leave being granted on 21-8-1973 arose Civil Appeal No. 1263 of 1973; Ujaggar Singh v. Dharam Singh.
(3.)The main question in the above appeal before this Court was whether the Amendment Act of 1973 would or would not apply to the pending proceedings. The appellants contention was that it would not. 0. Chinnappa Reddy, J. and E. S. Venkataramiah, J. as he then was, while dismissing the appeal on 2811-1986 held: In view of Section 7 of the Punjab Custom (Power to Contest) Act as amended in 1973, there is no substance in this appeal. We also notice that it has been the consistent view of the Punjab High Court that Section 7 has retrospective effect and that it also applies to pending proceedings."
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