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TMI Blog1996 (1) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... h and were resident of village Malkos. The lands are situated in village Kayala. Though the sale deed was questioned by the wife and children of the respondent, the litigation proved unsuccessful. Prithvi Singh and Krishan have subsequently sold 34 canals 13 marlas purchased from Bhagwan Singh to the appellant. Rattan Singh also has sold 13 kanals 7 marlas of the said land on May 18, 1982. Bhagwan Singh, thereafter, filed the suit for pre-emption under Punjab Pre-emption Act, 1913. Apart from other pleas, the principle plea was that being co-owner, he is entitled to pre-emption of the land purchased by the appellant. Though, the trial Court dismissed the suit, on appeal, the suit was decreed and the High Court in Second Appeal No.2671/86 by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsideration to the respective contentions, we are of the view that the contentions of Shri Bagga merit acceptance. It is seen that Bhagwan Singh himself had sold the land to the strangers to the family. The lands sold were in specie from the coparcenary property. Having inducted the strangers into the property, he cannot object to his vendees selling the property to the third parties and claim right of pre-emption from them. In a case of pre-emption as in any other the plaintiff has to establish a number of facts to succeed in his claim. It is hardly necessary to point out that cases of pre-emption are no exception to the rule of estoppel to be found in Section 115, Evidence Act. The plea of estoppel may be grounded on an indefinite variety ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court, it is a continuation of the origlnal proceedings and the entire issue is at large. It is well settled law that the Court can take judicia1 notice of the change in law and mould the relief on the basis of the rights altered under the amended law. Though the appellate court reversed the decree of the trial Court and granted to Bhagwan Singh the right of preemption, his entitlement to relief is at large when the matter is pending consideration before this Court. Therefore, the right to pre-emption should be available at all the stages including the final stage to affirm the decree. This Court would take judicial notice of the law prevailing as on the date of the order or judgment and apply relevant provisions of law prevailing on th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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