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
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
DARSHAN SINGH,SURJEET SINGH,KEHAR SINGH,NIRANJAN SINGH,MEWA SINGH,KESAR SINGH,MOHINDER SINGH,SADHU SINGH
PRITAM KAUR,MOHINDER SINGH,SHER SINGH,RAM PAL SINGH,JAGIR SINGH,TARA SINGH,PRITAMKAUR,WARYAM SINGH
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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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