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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Joga Singh – Appellant
Versus
Kailashnath – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
This judgment shall dispose of the afore-titled two appeals involving common questions of law and facts. However, for the facility of reference, facts are being extracted from RSA-1209-2025.
2. This is plaintiffs’ appeal against the judgment and decree dated 21.02.2025 passed by the Court of Additional District Judge, Sirsa, dismissing the appeal filed by the plaintiffs against the judgment and decree dated 18.12.2018 passed by the Court of Civil Judge (Junior Division), Ellenabad, whereby the suit filed by the plaintiffs for symbolic possession by way of pre-emption was dismissed.
3. For the sake of convenience and clarity, parties shall be referred to as per their original status.
4. The plaintiffs filed a suit for symbolic possession by way of pre-emption in respect of land measuring 6 Kanals being 1/4th share of the land measuring 24 Kanals (fully described in the plaint) situated within the revenue estate of Village Rania, Tehsil Rania, District Sirsa (`hereinafter referred to as `the suit land’), which was sold by the defendant No.1 in favour of defendant No.2, vide sale deed dated13.10.2011.
5. It was claimed that the plaintiffs were in lawful and pe
Right to pre-emption – Right of pre-emption in respect of urban immovable property vests in tenant – Land and immovable property are two different terms.
Special statutes governing pre-emption override general limitation laws. Appellate courts cannot reverse findings of fact based on conjectures or speculative inferences regarding familial relationshi....
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.
A claimant of tenancy must prove a contractual obligation to pay rent; mere possession does not confer tenancy rights.
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