TMI Blog1996 (8) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. That suit was decreed on 27.8.1983. The appeal filed on behalf of the appellants was dismissed by the court of appeal on 30.11.1983. Second appeal filed on behalf of the appellants was also. dismissed by the High Court on 5.4.1984. Thereafter, the decree holder - respondent took steps for execution of the decree for pre-emption of the lands in question in the year 1984. An objection was taken before the executing court that as only share in the land in question had been transferred the decree passed for pre-emption cannot be executed. That objection found favour with the executing court. Being aggrieved by the order passed by the executing court the respondent filed civil revision before the High Court which was allowed by the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specifically said in respect of decrees which had become final as follows: We are told that in some cases suits are pending in various Courts and, where decrees have been passed, appeals are pending in appellate Courts. Such suits and appeals will now be disposed of in accordance with the declaration granted by us. We are told that there are few cases where suits have been decreed and the decrees have become final, no appeals having been filed against those decrees. The decrees will be binding inter-parties and the declaration granted by us will be of no avail to the parties thereto. (emphasis supplied) It is, therefore, apparent that where the suits have been decreed and such decrees have become final since no appeals have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ention was drawn to the substituted Section 15 in the Punjab Preemption Act, 1913 which has been notified on 7th May, 1995 and it was urged that after the said amendment no right of pre-emption can be enforced. Section 15 which has been substituted is as follows: 15. Right of pre-emption to vest in tenant:- The right of Pre-emption in respect of sale of agricultural land and village immovable property shall vest in the tenant who holds under tenancy of the vendors the land or property sold or a part thereof. On a plain reading the aforesaid section has been introduced prospectively and there is no question of the said section affecting in any manner the judgment and decree passed in the suit for pre-emption as early as in the yea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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