Punjab Pre-emption Act, 1913 – ss. 16, 8(2), 3(1), (3) – Person in whom right of pre-emption vests in an urban immovable property – Tenants were in the property from the year 1949 onwards where the rolling mill had been set up – Property was an urban immovable property, located in a municipal area of Jagadhri – Owners of the property sold the property to the vendee by way of sale deed – Suit filed by the tenant exercising right of pre-emption of sale, claiming preferential right to purchase the property – Vendee’s case that pre-emption did not apply – Suit allowed by the courts below – Exemption of pre-emption as granted vide notification dated 08.10.1985, if available to the said property:
Held: If the said notification is read with reference to the powers available with the State Government to grant exemption from pre-emption, it is evident that the same has been granted with reference to land only and not the immovable property – s. 8(2) uses two terms independently, clearly suggests that the land and the immovable property have different meanings – s. 15 also provides right of pre-emption in respect of agricultural land and village immovable property – Thus, the provisions of the 1913 Act, if read with the Scheme of the Act, makes it clear that the land and the immovable property are two different terms – Immovable property is more than the land on which certain construction has been made – As the notification limits its application for taking away the right of pre-emption only with reference to sale of land falling in the areas of any municipality, the same will not come to the rescue of the vendee – It is sale of immovable property, which is more than the land as a rolling mill had already been set up on the land, which was in occupation of the tenants – Also, the issue regarding limitation for filing of the suit is misconceived – Thus, orders of the courts below upheld. [Paras 14-19] Punjab Pre-emption Act, 1913 – s. 3(3) and 2(3) – Term ‘land’ and ‘immovable property’ – Distinction between: Held: Provisions of the 1913 Act, if read with the Scheme of the Act, it is clear that the land and the immovable property are two different terms – s. 8(2) uses two terms independently, clearly suggests that the land and the immovable property have different meanings – Immovable property is more than the land on which certain construction has been made – Definition of immovable property, in s. 3(26) of the 1897 Act, which includes land, means something more than the land. [Paras 15, 16]
Punjab Pre-emption Act, 1913 – s. 3(1), (3) – Term ‘agricultural land’ and ‘urban immovable property’ – Definition of. [Para 12] Punjab Alienation of Land Act, 1900 – s. 2(3) – Term ‘land’ – Definition of. [Para 12]
General Clauses Act, 1897 – s. 3(26) – Term ‘immovable property’ – Definition of. [Para 16]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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