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Issues involved:
The judgment deals with the issues of succession under the Hindu Succession Act, the right to contest alienation contrary to custom, the retroactive application of statutes, the distinction between the right to appeal and the right to contest, and the transformation of custom into statutory law. Succession under Hindu Succession Act: The court clarified that any rule of succession previously applicable to those governed by custom would only apply in matters not covered by the Hindu Succession Act. The Act did not abolish rules or customary laws in Punjab regarding restrictions on alienation by male proprietors beyond Hindu law provisions. Right to Contest Alienation: The judgment emphasized that the right to contest an alienation continues until a final decision is reached, and the Amendment Act of 1973 aimed to eliminate the right to contest alienations contrary to custom after January 23, 1973. Retroactive Application of Statutes: The court discussed that retroactive statutes create new obligations on past transactions or impair vested rights. The Amendment Act's language and intention indicated a clear power to act retroactively without necessarily making it retrospective. Distinction between Right to Appeal and Right to Contest: It was highlighted that the power to contest an alienation constituted the custom the legislature sought to abolish. The provision barred the right to contest at any stage of a suit, including appeals. Transformation of Custom into Statutory Law: The judgment differentiated between customs judicially noticed, legally confirmed, and transformed into statutory rights. The court noted that the Punjab Custom (Power to Contest) Amendment Act 1973 abolished the custom, leaving Hindu Law unaffected for contested alienations. Separate Judgment: The cases of the appellants under Hindu Law were remanded to the High Court for examination, emphasizing the unaffected nature of rights under Hindu Law in contested alienations.
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