It is a case in which the respondents had filed a suit on 25.01.1984 for possession by pre-emption of the plot measuring 719 square yards, situated at Light Railway Bazar, Jagadhri (hereinafter referred to as ‘the property in dispute’). Challenging the judgment of the High Court, learned counsel for the appellants submitted that in view of the notification 08.10.1985, issued by the State in exercise of powers under section 8(2) of the 1913 Act, the suit filed by the respondents deserved to be dismissed as the right of pre- emption did not exist for sale of land falling in the areas of any municipality in Haryana.
Ram Kumar and another, the right of pre-emption has to exist on the date of registration of the sale-deed, on the date of filing of suit and also on the date the same is decreed by the first Court. On the other hand, learned counsel for the respondents submitted that though issue of limitation was raised by the appellants before the Trial Court, however, the same was not seriously contested for the reason that the suit filed by the respondents was within limitation.
The aforesaid notification has been issued in exercise of powers under Section 8(2) of the 1913 Act which enables the State Government to exclude any transaction of sale of any land or property or class of land or property for exercise of right of pre-emption. Section 3(2) defines ‘village immovable property’ to mean immovable property within the limits of a village, other than agricultural land. The relevant provisions of the 1900 Act and 1913 Act are extracted below: “Sections 3(1) (2) and (3), 8, 15 and 16 of the Punjab Pre-emption 1913 Act 3.
(2) The State Government may declare by notification that in any local area or with respect to any land or property or class of land or property or with respect to any sale or class of sales, no right of pre-emption or only such limited right as that the State Government may specify, shall exist. (b)Where the sale is of a share out of joint land or property made by all the co-sharers jointly- First in the sons or daughters or sons’ sons or daughters’ sons of the vendor or vendors; Secondly, in the brothers or bother’s sons of the vendor or vendors; Thirdly, in the father’s brother or father’s brother’s sons of the vendor or vendors; Fourthly, in the other co-sharer’s; Fifthly, in the tenants who hold under tenancy of the vendor or vendor the land or property sold or a part thereof; (c) where the sale is of land or property owned jointly and is made by all the co-sharers jointly- First, in the sons or daughters or son’s sons of the vendors; Secondly, in the brothers or bother’s sons of the vendors; Thirdly, in the father’s brother’s or father’s brother’s sons of vendors; Fourthly, in the tenants who hold under tenancy of the vendors or any one of them the land or property sold or a part thereof.
where the sale is by a female of land or property to which she has succeeded through her husband, or through her son in case the son has inherited the land or property sold from his father, the right or pre-emption shall vest-
First, in the son or daughter of such husband of the female; Secondly, in the husband’s brother or husband’s brother’s son of such female. The right of pre-emption in respect of urban immovable property shall vest in the tenant who holds under tenancy of the vendor the property sold or apart thereof.”
Section 2(3) of the 1900 of Punjab Alienation of Land Act, 1900 2.
The term ‘urban immovable property’ has been defined in Section 3(3) of the 1913 Act to mean immovable property within the limits of town, other than agricultural land.
Also Read: https://newslaw.in/case-type/criminal/suppression-of-material-facts-and-fraud-on-the-court/
A perusal of the notification shows that it has been issued in exercise of powers conferred under Section 8(2) of the 1913 Act, which enables the State Government to declare by notification either no right of pre-emption or limited right will exist in any local area or with respect to any land or property or class of land or property.
Case Title: JAGMOHAN Vs. BADRI NATH KOHLI (DEAD) THR. LRS. (2024 INSC 86)
Case Number: C.A. No.-001753-001753 / 2024
