Case: Shri Chaman Singh and Anr Vs. Srimathi Jaikaur

. The facts may be shortly stated: Santa Singh was the owner of some land in village Samadh Bhai, tehsil Moga. He died leaving a widow Shrimati Sobhi. He also left a daughter Shrimati Jai Kaur from his other wife. On February 3, 1958 Smt. Sobhi sold 73 kanals 14 marlas of land to the appellants, the sale consideration mentioned in the sale deed being Rs. 8,000/-. Smt. Jai Kaur filed a suit for possession by pre-emption of the land which had been sold by Smt. Sobhi. According to her a consideration of Rs. 4,000/- only had been paid by the vendee. The trial Court decreed the suit in May 1959 granting a decree for possession on payment of Rs. 6,500/- together with costs. The Second Additional Judge to whom an appeal was taken dismissed it. In the High Court the learned Single Judge took the view that Smt. Jai Kaur not being the daughter of the vendor Smt. Sobhi had no right of pre-emption under Section 15 (2) of the Punjab Pre-emption Act 1913 as amended by the Punjab Pre-emption Amendment Act, 1960. The suit was dismissed. Smt. Jai Kaur filed an appeal under Clause 10 of the Letters Patent of the High Court. Relying on an amendment made by the Punjab Pre-emption Amendment Act, 1964 in the first paragraph of clause (b) of sub-section (2) of Section 15 of the Punjab Pre-emption Act, hereinafter called the Act, the Division Bench reversed the judgment of the Single Judge and decreed the plaintiffs suit.

Reasoning: Now if the Amendment Act of 1964 could be regarded as having retrospective operation so as to affect pending proceedings there can be no dispute that the judgment of the Division Bench was right and must bemay be mentioned that by Section 6 of the Amendment Act of 1960 a new Section 31 was inserted in the Act. That section provided, "no court shall pass a decree in a suit for pre-emption whether instituted before or after the commencement of the Punjab Pre-emption Amendment Act of 1960 which is inconsistent with the provisions of the said Act".In Ram Sarup v. Munshi, (1963) 3 SCR 858  =(AIR 1963 SC 553  ) this Court held that the language used in Section 31 was comprehensive enough so as to require an Appellate Court to give effect to the substantive provisions of the Amending Act whether the appeal before it was one against a decree granting pre-emption or one refusing that relief. Although Section 31 was inserted in the Act for all times the phraseology employed therein does not show that its language was meant to cover those amendments which would be made subsequent to the Amendment Act of 1960. The word "said" can have reference in the context only to the enactment of 1960 and to no other. It would not be legitimate for the courts to give an extended effect to a provision which has retrospective operation unless the language used and words employed warranted such a course being followed. That does not appear to be the case here.4. It appears to us that the Amendment Act of 1964 was merely of a clarificatory or declaratory nature. Even in the absence of the words which were inserted by the Amendment Act of 1964 in Section 15 (2) (b) the only possible interpretation and meaning of the words "in the son or daughter of such female" could have reference to and cover the son or daughter of the husband of the female. The entire scheme of sub-section (2) of Section 15 is that the right of pre-emption has been confined to the issues of the last male holder from whom the property which has been sold came by inheritance. Looking at clause (a) of sub-section (2) where the property which has been sold has come to the female from her father or brother by succession the right of pre-emption has been given to her brother or brothers son.It appears to us that the Amendment Act of 1964 was merely of a clarificatory or declaratory nature. Even in the absence of the words which were inserted by the Amendment Act of 1964 in Section 15 (2) (b) the only possible interpretation and meaning of the words "in the son or daughter of such female" could have reference to and cover the son or daughter of the husband of the female. The entire scheme of sub-section (2) of Section 15 is that the right of pre-emption has been confined to the issues of the last male holder from whom the property which has been sold came by inheritance. Looking at clause (a) of sub-section (2) where the property which has been sold has come to the female from her father or brother by succession the right of pre-emption has been given to her brother or brothers son.t appears to us that the Amendment Act of 1964 was merely of a clarificatory or declaratory nature. Even in the absence of the words which were inserted by the Amendment Act of 1964 in Section 15 (2) (b) the only possible interpretation and meaning of the words "in the son or daughter of such female" could have reference to and cover the son or daughter of the husband of the female. The entire scheme of sub-section (2) of Section 15 is that the right of pre-emption has been confined to the issues of the last male holder from whom the property which has been sold came by inheritance. Looking at clause (a) of sub-section (2) where the property which has been sold has come to the female from her father or brother by succession the right of pre-emption has been given to her brother or brothers son.