Punjab Pre-emption Act, 1913
Section 3(3)—Urban immovable property—Meaning of—Term `urban immovable property’ to mean immovable property within the limits of town, other than agricultural land.
[Para 12]
Sections 8 & 16—Suit of possession by pre-emption filed by respondents/tenants claiming preferential right to purchase the property in dispute—Decree of suit by trial court upheld by High Court—Appeal—Property in dispute was sold by owners thereof to the appellants (defendants in the suit) by way of registered sale deed—Property on which right of pre-emption was sought to be exercised by respondents was an urban immovable property—Notification provides that right of pre-emption shall not exist in respect of sale of land falling in the areas of municipalities in the State—If the notification is read with reference to the powers available with the State Government to grant exemption from pre-emption, it is evident that same has been granted with reference to land only and not the immovable property—Land and immovable property are two different terms—Immovable property is more than the land on which certain construction has been made—Admittedly it is sale of immovable property, which is more than the land as a rolling mill had already been set up on the land, which was in occupation of respondents as tenants—Issue regarding limitation for filing of the suit is misconceived—No merit found in appeal—Dismissed. [The]
[Paras 13 to 18]
Punjab Alienation of Land Act, 1900
Section 2(3)—Land—Definition of—Term ‘land’ excludes any site of any building in a town or village.
[Para 12]