Punjab & Haryana High Court, Chandigarh
CitationRSA No. 2834 of 2002 (P&H)
CourtPunjab & Haryana High Court
Date2003
Year2003
BenchM.M. Kumar J.
Acts/ArticlesPunjab Pre-emption Act 1913, Article 226
CategoryHaryana-Specific, Property & Land Law

Key Principle Established

The right of pre-emption under the Punjab Pre-emption Act (applicable to Haryana) is a weak right. It must be exercised strictly within the prescribed limitation period and conditions.

Brief Facts

A co-sharer exercised the right of pre-emption under the Punjab Pre-emption Act (applicable to Haryana) to purchase property sold to a stranger.

Ratio Decidendi

The Court held that the right of pre-emption is a weak right — it is a right to substitute oneself as the buyer:

  • The pre-emptor must deposit the entire sale consideration within 30 days of the suit being filed
  • The suit must be filed within one year from the date of registration of the sale deed
  • The pre-emptor must prove superior right — co-sharer over tenant, tenant over stranger
  • Any delay or failure to deposit defeats the right

Impact & Significance

This judgment provides the practical framework for pre-emption suits in Haryana, which remain extremely common in rural property transactions.

Tags & Related Topics

Haryana-Specific Property & Land Law Punjab Pre-emption Act 1913 Article 226
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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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