M.R. Sharma, J. - (1.) THIS order will dispose of C. Misc. 135 & 136 of 1974 and R.S.A. No. 480 of 1973.
(2.) THE facts giving rise to this second appeal are somewhat peculiar. The Appellants purchased the land in dispute vide sale deed dated March 8, 1967, from Jatinder Kaur daughter of one Tika Balbir Singh of village Dayalpura Bhaika, Manak Singh, now deceased, filed a suit for pre -emption on the ground that he, as the co -sharer, had preferential right of pre -emption. The Appellants, inter alia, pleaded that they being tenants on the land on the date of the sale, the sale made in their favour was not liable to be pre -empted. The learned Courts below found as a matter of fact that the Appellants were not proved to be tenants on the land in dispute and Manak Singh bad a superior right of pre -emption. The suit of the latter was, therefore, decreed. Later on, it transpired that during the pendency of the appeal before the learned lower appellate Court. Manak Singh had died on October 13, 1972 The Appellants, who were also the Appellants in that Court did dot bring this fact to the notice of the learned Court, nor did they take any steps to being(sic) on record the legal representatives of Manak Singh deceased The record shows that initially Manak Singh had been served and the appeal was being defended on his behalf by a legally constituted attorney. It is also a feet that the decree sheet prepared by the learned lower appellate Court showed the name of Manak Singh as a Respondent. In these circumstance, the Appellants filed this appeal showing Manak Singh deceased as the contesting Respondent.
(3.) ON April 9 1973, Punjab Pre -emption Act (Act 11 of 1973), was brought on the statute book, Section 2 of which provided that no Court shall pass a decree in a suit for pre -emption whether instituted before or after the commencement of that Act. This provision was interpreted in a large number of judgments rendered by this Court to have retrospective operation In other words, it was held that even if a decree for pre -emption had been passed earlier than the coming into force of this Act, and an appeal had been taken against that decree, the appeal would have to be decided in accordance with the amended provisions of the law which made incumbent upon the Courts to dismiss the suits for pre -emption.;