Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-------S. 21---Punjab Pre-emption Act (IX of 1991), S.34(2)---Pre-emption suit--- Proceedings under the provisions of repealed Punjab Pre-emption Act, 1913---Criteria. For deciding pending proceedings after Punjab Pre-emption Act, 1913, was repealed following questions were formulated:-- (1) Whether a pre-emption suit not decided by trial Court before 31st July, 1986, could be decreed after the said date? (2) Whether plaintiff in a pre-emption suit, having failed in trial forum and having remained unsuccessful in obtaining a decree in his favour even in appeal, revision or writ petition before 31st July, 1986 can be granted a decree by any of the higher forums including the Supreme Court where his case was pending on that date? (3) Whether a plaintiff having failed to obtain a decree in the trial forum before 31-7-1986 and having challenged his failure in the higher forum where it was still pending without any decree in his favour till then, can be granted a decree for the first time? (4) Whether a plaintiff having obtained a pre-emption decree in the trial forum before 31-7-1986 and a challenge to such a decree was pending before Supreme Court from a lower forum in appeal, revision or writ petition, can (decree-holder) be non-suited on the ground that the relevant law ceased to have effect on 31st July, 1986? (5) Whether a plaintiff, having failed in the trial forum had in appeal or other proceedings in a higher forum, succeeded in obtaining a decree before 31st July, 1986, can be non-suited in the still higher forum including Supreme Court, on the ground that the relevant law had ceased to have effect on 31st July, 1986? (6) Whether a plaintiff having obtained a decree for pre-emption in the trial forum lost the case in higher forum, when pressing his appeal, revision or writ petition, can defend the decree granted in his favour before 31st July, 1986 and seek its restoration? (7) Whether a plaintiff having obtained a decree before 31st July, 1986, a higher forum remanded the case for fresh decision, will be entitled to seek its restoration regardless of the fact, whether the matter is pending before the trial or any…

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