1. This revision petition has arisen from pre-emption suit in which decree was granted to the respondents by the learned trial Court for the first time on 13-3-1988 on the ground that they were owners of the estate. In appeal filed by the petitioners the said finding was upheld by the learned lower appellate Court with the additional finding that the land of the pre-emptor was also contiguous to the land in dispute. The appeal was dismissed through judgment, dated 27-6-1988.
2. Both these judgments have been assailed in this revision petition.
2. It has been contended that no decree could be passed in favour of the respondents after 31-7- 1986 according to law declared by the Supreme Court in Civil Appeal No.208 of 1986. The argument is correct. Since at no stage of the suit any decree was passed in favour of the respondents before 31-7-1986, therefore, the suit was not maintainable and no decree could be passed after the said date. No law has been enacted as yet conferring right of pre-emption on the ground of contiguity, therefore, the learned lower appellate Court had no jurisdiction to grant decree on the said ground.
3. The two Courts below have exercised jurisdiction not vested in them under the law to grant decree for' possession of land through pre-emption to the respondents in the suit. The revision petition is accepted. The judgments and decrees of both the Courts below are hereby set aside and the pre- emption suit filed by the respondents is, dismissed. There will be no order as to costs.
4. H.B.T./G-241/L