An objection was taken by the judgment debtors respondents herein under section 47, Civil Procedure Code, on various grounds including that with which we are number companycerned, namely, that the decree has become inexecutable in view of the provisions of the Act.
M. Pant and R. C. Prasad for the Appellant.
The appellant instituted an execution proceeding after the enforcement of the Act in the area.
198E F Kailash Rai v. Jai Jai Ram and others, A.I.R. 1973 S.C, 893, referred to CIVIL APPELLATE JURISDICTION Civil Appeal No.
Appeal by special leave from the judgment and order dated the 23rd November, 1973 of the Allahabad High Court in Execution Second Appeal No.
The Judgment of the Court was delivered by GOSWAMI,J. The short question that arises for companysideration in this appeal by special leave against the judgment of the Allahabad High Court is whether a decree for pre emption obtained prior to the enforcement of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 U.P. Act No.
1 of 1951 survives for execution after the enforcement of the Act in the particular area in which the land is situated.
The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 briefly the Act was brought into force in the district Nainital where the property is situated with effect from July 1, 1970.
M. Singhvi and S. K. Dhingra for Respondents 2 4.
The plaintiff thereupon filed a suit for pre emption and obtained a decree which was affirmed by the High Court in second appeal on April 27, 1970.
Defendants 5 and 6 sold by registered sale deed a certain share of the land in that Khata Khewat in favour of defendants 1 to 4 respondents herein .
1537 of 1974.
2738 of 1971.
1 of village Noyagoan Chandan Singh Bandobasti Pargana Bhabarkota, Tehsil Kaldhungi, District Nainital.
Briefly the facts are as follows The plaintiff appellant herein and defendants 5 and 6 were companysharers in proprietary interest of lands in Khata Khewat No.
The plaintiff also deposited the companysideration of the sale deed in companyrt on August 20, 1969, as ordered.
An objection was raised under section 336 of the Act which provides for extinguishment of the right of pre emption in the area to which the Act applies.
