1996 (1) TMI 466

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... order of this Court made on 10th May, 1994. The facts in C.A. No.4017 are sufficient for disposal of these appeals. The facts are that on July 16, 1979, certain lands situated in Kutiyana Tehsil District Sirsa were sold by Mathri, Dilawar and Santosh Kumar to the appellants by registered sale deed dated June 16, 1979. The respondent filed Suit No.581/80 in the Court of Sub Judge, Ist Class, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... es the widows' estate known to sastric law; removed the fetters on possession and blossom into an absolute right to the widow. Pending appeals, the Haryana Pre-emption Amendment Act, 1995 fact No.10 of 1995) came into force w.e.f July 7, 1995. The question arises: whether the respondents are entitled to pre-emption. This controversy was considered by this Court Karan Singh Ors. v. Bhagwan .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e remedy should continue to subsist till this Court decides the controversy, if the appeal is presented and is pending disposal. Since the statute had intervened and the Act has taken away the right of pre-emption of the co-owners and confined the right and remedy to be only in favour of the tenants, the respondents have lost their right of preemption. In other words, co-owners' right of pre-e .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X