Shyam Sunder And Others vs Ram Kumar And Another on 30 July, 2001
7. Mann Singh filed an appeal. In the meantime, the law of pre-emption was repealed and the learned Lower Appellate Court accepted the appeal vide judgment dated 25.8.1995 on the basis of amended law of pre-emption. Pirthi and Harkesh filed Regular Second Appeal No. 2426 of 1995 in this Court which was accepted vide order dated 7-12-2004, relying upon the judgment of the Hon'ble Supreme Court reported as Shyam Sundar and Ors. v. Raj Kumar and Anr. . The matter was remanded by this Court to the learned Lower Appellate Court with the direction to decide the appeal on merits. The learned Lower Appellate Court up-held the judgment of the learned trial Court and dismissed the appeal vide judgment and decree dated 31.3.2005.