JAGMOHAN AND ANOTHER versus BADRI NATH AND OTHERS

JAGMOHAN AND ANOTHER versus BADRI NATH AND OTHERS

The notification dated 08.10.1985, issued under Section 8(2) of the Punjab Pre-emption Act, 1913, exempts only 'land' within municipal areas and does not extend to 'immovable property' (which includes constructed property such as a rolling mill). Because the transaction was sale of an urban immovable property occupied by tenants, the notification does not extinguish the tenants' right of pre-emption under Section 16 of the 1913 Act; the appeal was therefore dismissed and the concurrent findings of the courts below upholding the tenants' pre-emption rights were affirmed.

Parties
Appellants: Jagmohan and Another; Respondents: Badri Nath And Others
Jurisdiction
India
Judgment Date
06 February 2024
Procedural Posture
Civil Appeal No.1753 of 2024 / Judgment on Appeal by Supreme Court (final Disposal)
Outcome
Appeal dismissed
Legal Topics
Pre Emption, Exemption of Pre Emption, Right of Pre Emption, Limitation, Urban Immovable Property, Distinction Between Land and Immovable Property
Property Law Land Law Civil Procedure Pre Emption Exemption of Pre Emption Right of Pre Emption Limitation Urban Immovable Property +1 more

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Parties

Jagmohan and Another

Appellants

Badri Nath And Others

Respondents

Procedural Posture

Civil Appeal No.1753 of 2024 / Judgment on Appeal by Supreme Court (final Disposal)

Legal Issues

  1. 1 Whether notification dated 08.10.1985 exempting pre-emption applies to urban immovable property on which a rolling mill (constructed immovable) exists
  2. 2 Whether the terms 'land' and 'immovable property' are distinct for purposes of the Punjab Pre-emption Act, 1913 and related notifications
  3. 3 Whether the suit for pre-emption was barred by limitation

Ratio Decidendi

The notification dated 08.10.1985, issued under Section 8(2) of the Punjab Pre-emption Act, 1913, exempts only 'land' within municipal areas and does not extend to 'immovable property' (which includes constructed property such as a rolling mill). Because the transaction was sale of an urban immovable property occupied by tenants, the notification does not extinguish the tenants' right of pre-emption under Section 16 of the 1913 Act; the appeal was therefore dismissed and the concurrent findings of the courts below upholding the tenants' pre-emption rights were affirmed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed
  • The concurrent findings and decrees of the courts below upholding the plaintiffs/respondents' suit for pre-emption are affirmed