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Civil · Reportable judgment

Jagmohan and Another vs Badri Nath And Others

Court
Supreme Court of India
Date
6 February 2024
Case No.
Civil Appeal No. 1753 of 2024
Result
Dismissed
Citation
[2024] 2 S.C.R. 123 : 2024 INSC 86
Acts & Sections
Punjab Pre-emption Act, 1913 Punjab Alienation of Land Act, 1900 General Clauses Act, 1897 Limitation Act, 1963
Supreme Court Reports [2024] 2 S.C.R. 123 : 2024 INSC 86
Issue for consideration
Exemption of pre-emption as granted vide notification dated 08.10.1985, if available to the urban immovable property on which right of pre-emption was sought to be exercised by the tenants.
Headnote

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:

Read the full headnote (3 more paragraphs)

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]

Keywords: Pre-emption · Exemption of pre-emption · Right of pre-emption · Custom of pre-emption · Notification dated 08.10.1985 · Tenants · Preferential right to purchase the property · Urban immovable property · Land · Immovable property · Agricultural land · Village immovable property · Rolling mill · Limitation

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.

Full Judgment Text

Judgment Rajesh Bindal, J. Leave granted. 2. The defendants are before this Court challenging the concurrent findings of fact recorded by all the courts below. 3. It is a case in which the respondents had filed a suit1 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’). The Trial Court2 decreed the suit. The judgment and decree3 of the Trial Court was upheld upto the High Court4. 4. The facts in brief are that the respondents (plaintiffs in the suit) claimed th
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