Topic
The Punjab & Haryana High Court affirmed that a co-sharer's pre-emption right, established before the 1995 Haryana amendment, remains enforceable despite the amendment's later enactment. This protects existing co-sharers from losing preferential purchase rights retroactively.
The Punjab & Haryana High Court ruled that a pre-emption claim under the Punjab Pre-emption Act, 1913, requires independent proof of tenancy on the date of sale. Post-litigation alterations to revenue records cannot substitute for contemporaneous evidence, setting a strict standard for tenant-right claims in property disputes.
The Punjab & Haryana High Court ruled that the limitation period for filing a pre-emption suit under Section 30 of the Punjab Pre-emption Act, 1913, commences from the date of physical possession, not the registration of the sale deed. This holding dismisses delayed suits as time-barred, impacting co-sharers' rights in property disputes.