गुरजीत सिंह बनाम पंजाब राज्य (हक़ शफ़ा)
| Citation | (2014) 9 SCC 461 |
| Court | Supreme Court of India |
| Date | 21 July 2014 |
| Year | 2014 |
| Bench | Ranjana Prakash Desai, Madan B. Lokur JJ. |
| Acts/Articles | Punjab Pre-emption Act 1913, Limitation Act |
| Category | Property & Land Law |
Key Principle Established
Pre-emption suit must be filed within prescribed limitation. Pre-emptor must deposit or offer the sale consideration. Delay defeats the right of pre-emption.
A pre-emption suit was filed after delay. The question was whether the right of pre-emption survives if the suit is not filed within limitation and the purchase price is not deposited.
The Court reiterated that the right of pre-emption is a weak right and must be exercised strictly within limitation. The pre-emptor must deposit or offer the entire sale consideration. Any delay or failure to deposit defeats the claim.
Important for agricultural land sale disputes in Haryana and Punjab where pre-emption is commonly invoked by co-sharers and adjoining owners.
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Read AnalysisThis 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).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.