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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Lal Singh – Appellant
Versus
Raghbir Singh – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral)
Plaintiffs are in second appeal.
2. For convenience and to avoid confusion, the parties hereinafter are referred to by their original position in the suit i.e. appellants as plaintiffs and respondents as defendants.
3. Plaintiffs filed suit seeking possession by way of pre-emption asserting their superior right to pre-empt sale deed dated 05.06.2003 as tenants over the suit property. As per the plaintiffs, Jaswant Singh, their grandfather, a gair marusi tenant, was in cultivating possession over the suit property. During his lifetime, Jaswant Singh executed a registered Will dated 15.07.1999 in favour of the plaintiffs. On death of Jaswant Singh, the plaintiffs inherited his estate and came in cultivating possession over the suit property as tenants. The plaintiffs claimed that sale deed has been executed by the owners in favour of defendants No.1 to 3 without there being any prior notice to the plaintiffs as required under Section 19 of the Punjab Preemption Act, 1913. Thus, they are entitled to pre-empt the sale deed.
4. Suit was contested by defendants No.1 to 3 by filing joint written statement. They denied that there was 'landlord-tenant relationsh
A tenant must demonstrate continuous entitlement to pre-empt a sale on specific key dates; failure to do so invalidates the claim.
A claimant of tenancy must prove a contractual obligation to pay rent; mere possession does not confer tenancy rights.
Pre-emption rights cannot be asserted when the property in question is deemed non-pre-emptible due to reclamation, as established in the Punjab Pre-emption Act.
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