R.Dayal, A.C.J. - (1.) This is a special appeal against an order of a learned Single Judge confirming the decree in a suit for pre-emption. It is contended for the appellant that in view of Section 336 of the U.P. Zamindari Abolition and Land Reforms Act, the appeal be allowed and the suit for preemption be dismissed.
(2.) Section 336 of the U.P. Zamindari Abolition and Land Reforms Act reads thus : "(1) Notwithstanding anything contained in any law, custom, usage or agreement, the right of preemption shall not exist in respect of any sale of any immovable property in the area to which the Act applies whether made voluntarily or under order of Court. (2) All suits for preemption pending in respect of any such property in any court whether of the first instance or appeal or revision shall stand dismissed, but award of the costs incurred in any such suit shall be in discretion of the court."
(3.) It is contended for the respondent that Sub-section (2) of Section 336 of the Act would apply only to suits pending in the court of the first instance or to such appeals in such suits which were against the dismissal of the preemption suit and would not apply to appeals against the decrees parsed in favour of the plaintiff in preemption suits. The contention for the respondent does not appeal to us. The suit is pending till it is disposed of. It is the preemption suit which is pending to day though a decree for preemption has been passed and confirmed by the civil court. This suit which is pending must now come to end in conformity with the provisions of Section 336(2) of the U.P. Zamindari Abolition and Land Reforms Act.;