Punjab & Haryana High Court, Chandigarh
Citation(2014) 9 SCC 461
CourtSupreme Court of India
Date21 July 2014
Year2014
BenchRanjana Prakash Desai, Madan B. Lokur JJ.
Acts/ArticlesPunjab Pre-emption Act 1913, Limitation Act
CategoryProperty & 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.

Brief Facts

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.

Ratio Decidendi

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.

Impact & Significance

Important for agricultural land sale disputes in Haryana and Punjab where pre-emption is commonly invoked by co-sharers and adjoining owners.

Tags & Related Topics

Property & Land Law Punjab Pre-emption Act 1913 Limitation 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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