INDIA
Citation(2003) 2 PLR 393 (P&H)
CourtPunjab & Haryana High Court (Full Bench)
Date2003
Year2003
BenchFull Bench
Acts/ArticlesPunjab Pre-emption Act 1913, Haryana Pre-emption Act
CategoryHaryana-Specific, Property & Land Law

Key Principle Established

Right of pre-emption under Punjab Pre-emption Act is available to co-sharers and adjoining owners. The right must be exercised within the statutory period.

Brief Facts

A dispute arose regarding the right of pre-emption — the right of a co-sharer or adjoining landowner to purchase property sold to an outsider in preference to the buyer.

Ratio Decidendi

The Court upheld the right of pre-emption under the Punjab Pre-emption Act (as applicable to Haryana) and clarified:

  • Co-sharers have first right of pre-emption over the property sold
  • The right must be exercised by filing suit within the statutory limitation period
  • The pre-emptor must deposit the sale consideration in court
  • Pre-emption based solely on religion has been struck down as unconstitutional, but co-sharer and tenancy-based pre-emption survives

Impact & Significance

Pre-emption is a uniquely important right in Haryana and Punjab agricultural land disputes. This judgment clarifies the scope and procedure, and is essential for all rural land sale disputes in these States.

Tags & Related Topics

Haryana-Specific Property & Land Law Punjab Pre-emption Act 1913 Haryana Pre-emption Act
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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