TMI Blog1996 (1) TMI 457X X X X Extracts X X X X X X X X Extracts X X X X ..... ither in person or through counsel. We have heard the counsel for the appellants. The respondent filed a suit in 1978 for recovery of possession of the land from the appellants on the basis of a declaratory decree obtained by one Nathu in the year 1924 as a collateral on the basis of the custom. It is their case that the appellant had purchased the property from Rulia who is an alienator to Nathu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idering the above principles, the provisions of the Principal Act, the statement of object and reasons and the provisions of the Amendment Act and the decisions of the Punjab High Court and of this Court, we are of the view that 5.7 of the Principal Act as amended by the Amendment Act is retrospective and is applicable to pending proceedings. The decisions of this Court dated 28-11-1986 in Ujaggar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was regulated. This would be clear from the following analysis. However, the intention of the legislature and the provisions of the statute have to be carefully examined to ascertain the result. An Act of Parliament which recognises the existence and validity of a custom may not operate to create new statutory rights in favour of the persons or classes of persons who might formerly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1906) 390 that in all cases under 5.5 of the Punjab Laws Act, it lies upon the person asserting that he is ruled in regard to a particular matter by custom, to prove that he is so governed, and not by personal law, and further to prove what the particular custom is. There is no presumption created by the clause in favour of custom; on the contrary it is only when the custom is established that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oes to the root of the jurisdiction, it is settled law that it can be raised even in execution also. Under those circumstances, the High Court was not right in rejecting the revision of the appellants stating that they are not entitled to raise the plea of nullity. In this view of settled legal position, it does not serve any purpose to remand the matter to the executing court for fresh orders. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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