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Issues Involved:
The issues involved in this case include the execution of a pre-emption decree, the constitutionality of relevant provisions of the Punjab Pre-emption Act, 1913, and the binding nature of decrees that have become final. Execution of Pre-emption Decree: The land in question was transferred to the appellant in 1980, and a suit for pre-emption was decreed in 1983, with subsequent appeals being dismissed. The respondent sought execution of the decree, which was initially objected to on the grounds of partial transfer. The High Court, however, allowed the civil revision application, emphasizing the entitlement of the decree-holder to physical possession of the specific land as per the Code of Civil Procedure. Constitutionality of Punjab Pre-emption Act: The appellants argued that the relevant provisions of the Punjab Pre-emption Act, 1913 were declared unconstitutional by the Supreme Court in a previous case. They contended that the decree in the pre-emption suit should be deemed null and void. However, the High Court rejected this objection, citing the binding nature of decrees that have become final as per the Supreme Court's direction. Binding Nature of Final Decrees: The Supreme Court clarified that decrees which have become final and binding inter-parties, as in this case, are not affected by subsequent declarations of unconstitutionality. The High Court's decision to uphold the pre-emption decree despite the constitutional issue was deemed in line with the Supreme Court's directive in a previous case. The introduction of a new provision in 1995 was found to be prospective and did not impact the validity of the earlier decree. In conclusion, the Supreme Court dismissed the appeals, affirming the High Court's decision to uphold the pre-emption decree based on the binding nature of final decrees and the lack of impact from subsequent legislative changes.
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