R.S.A No. 4927 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 4927 of 2010 (O&M) Date of decision:- 09.12.2011 Satvir Singh ...Appellant Versus Arjan Singh and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Gurcharan Dass, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? RITU BAHRI J.(Oral) C.M. No. 14591-C of 2010 This is an application filed under Section 151 of the Civil Procedure Code seeking condonation of delay of 76 days in re-filing the appeal. For the reasons stated in the applications, the delay of 76 days in re-filing the appeal is condoned. Accordingly, Application is allowed. R.S.A No. 4927 of 2010 This is a regular second appeal against the judgment and decree dated 18.09.2007 passed by the learned trial Court and the judgment and decree date29.01.2010 passed by the learned Lower Appellate Court whereby the suit of the plaintiffs has been dismissed. R.S.A No. 4927 of 2010 (O&M) 2 The plaintiffs filed a suit on 22.01.1999 seeking the possession of the land. One sale deed was effected by Surjan Singh (predecessor in interest of the plaintiffs), which was challenge by virtue of civil suit. This suit culminated into passing of the order dated 27.07.1962 whereby it was held that the plaintiffs were to get possession on the deposit of Rs. 6,000/- after the demise of the vendor. The next heirs will be able to get the possession of the land on payment of this amount. This decree was passed on the basis of customs. The customary rights have been taken away after coming into force the Amendment Act, 1973. The Supreme Court in case reported as “Kesar Singh & others vs. Sadhu, 1996(1) Apex Court Journal 688 (S.C)” has held that the provisions of Amendment Act, 1973 were to be retrospectively operational. The plea was taken that since the customary rights had been taken away by an amendment made later, the decree passed is a nullity. The plea of nullity can be raised even in execution proceedings when the matter goes to the root of the jurisdiction. The present suit was filed in the year 1999 and both the Courts have dismissed the suit by applying the principle of law laid down by Hon'ble the Supreme Court. No law to the contrary has been cited by learned counsel for the appellant. Accordingly, R.S.A is dismissed. December 09, 2011 ( RITU BAHRI ) G.Arora JUDGE