Chandigarh · 1913 · Act 1
The Punjab Pre-emption Act, 1913
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1913 ‘ Ph, Act I. | PRE-EMPTION
447
THE PRE-EMPTION ACT, 1913,
CONTENTS Al
CHAPTER |
Preliminary
SECTIONS.
1. Short title and local extent.
2. Repeal of certain enactments,
3. Definitions.
CHAPTER II
General Provisions.
4. Right of pre-emption : application of.
No right of pre-emption in respect of certain buildings. 5.
6. Exists in agricultural land and village immovable
property.
7. Exists under certain conditions in urban immovable
property.
8. Central Government may exclude from pre-emption.
9. Exclusion of pre-emption in respect of certain aliena-
tions.
10. Party to alienation cannot claim pre-emption.
11. Sum deposited by pre-emptor not to be attached.
CHAPTER III
i i - ion vests
Persons in whom the right of pre-empt
12, The law determining the right of =a
13. Joint right of pre-emption how exercised.
14, Limit of exercise of right in respect of land sold by
member of an agricultural tribe.
' ‘ t
i right of pre-emption vests in respec
° Wastes of ne icultural land and village immoveable
property.
16. Person in whom
immovyeable property.
right of pre-emption vests in urban
PRE-EMPTION [1913 : Ph Aet I
448
Secnons
17. Exercise of right of pre-emption where ae
} : ae Veral ore °
equally entitled. person:
18. Provisions of sections 15 and 17 applicabl ' ‘able to f
sures mutatis mutandis, ) Toreclio-
CHAPTER IV
, 4
Procedure :
19. Notice to pre-emptors.
20. Notice by pre-emptor to vendor.
21. Suit for pre-emption.
21-A. When improvement of status of a vendor after jinsti-
tution of suit not to affect right of pre-emptor.
22. Plaintiff may be called on, to make deposit or to file
security.
Special conditions relating to sales of agricultural land. 23.
24. Procedure on determination of the said issues.
25. Fixing of price for purposes of suit in case of sales.
26. Fixing of price for purposes of suit in case of fore-
closure.
27. “Market value” how to be determined.
28. Concurrent hearing of suits.
suits in 28-A. Postponement of decision of pre-emption
certain cases.
29. Copy of decree to be sent to Deputy Commissioner;
application for revision.
CHAPTER V
Limitation
30. Limitation.
31. Punjab Pre-emption (Amendment) Act, 1960, to apply
to al] suits.
zat THE P 4 PRE-EMPTION PUNJAB PRE-EMPTION Ac" 449
PunJaB Act I or 913. me meee
[4th March, 191 3.)
Lctaeicetatl nie ieemeee 4
yan 4 7
4%, ’
Yeat No. Short. title Wi
helher pepe:
: by Iegislation
ae
ree ae! ee ee ce,
_ : ; he | Puniad He Amended by p oy
emption Act, 1913 gree” by Punjab Aet, it of
Amended, G
ah, Governm
‘
(Adaptation
of Ttaia
we
Order, 1937
aws)
A meee by Punjab Act I of
Amended by the Indian Inde-
a unl (Adaptation of Resiga!
« a 5 lS 0, 40) ) Ofder, 1948
ended by A i , Order, den Og of Laws
mended by Adaptation of
(Third Amendment) Dee oF
1951 . =z
Expended to the territories whi
immediately before the fee’
November, 1956, Were com-
prised in the State of Patiala
on ae hg States Union
y Punja t :
A 19578 ct NOS
mended by Punjab Act . 1300" ) jab Act 10 of
mended by Punjab Act 1 f
a Be
An Act to amend the Law relating to Pre-emption
relating to in ‘Punjab.
WuereEas it is expedient to amend the law
pre-emption in Punjab, it is hereby enacted as follows:—
“1 CHAPTER I
PRELIMINARY.
1. (1) This Act may be called the Punjab Pre-emp- Short title and
local extent,
tion Act. 1912.
es
d Reasons, see Punjab Gazette, 1912,
see ibid, :
For Statement of Objects en t
the Select Committee,
Punjab Gazette,
Part V, page 189, for Report of 1
Proceedings in Council, see
Tale. Pon Ae 332, apts 217 and ibid, 1913 a
012 Part V.pages 215—21 and ibid, » DASE Ae!
4 Pas d Reasons, see Punjab Gazette, 1928,
see ibid, 1912
*For Statement of Objects ont Deer CO aattioe
- e ect
I
7 1,
189, for Report in Council, see Punjab Legislative
d 894-95. ceme into Part V, page
V, page 29, and
‘| Debates, Volume XI, ;
force on Ist December, 1928,—vide, uae?
mber, 192 see Punjab Government
No. 54894, deted 16th Nove
t of Objects and Reasons,
age 689.
Proceedings
10
for g 1-51, aad
Government
Notification
b Government 2 Nr eecord O67
Tarette (Extraordinary), , P :
‘For Statement of Objects and en see Punja
1959, page Be see Punjab Government
Gazette (Extraordinary),
Cr rt ais of Objects and Reasons,
rtlzette tt i s : age *, a ir
.
’ ‘Sttateg forte words “Bast ope ab” [wn rence d een ton
for the words “The Punj b” by the In jan
3
Bengal and Punjab acta) on der, 19481, by the Adaptation of Laws
(Third Amendment) Order, 1951.
450 PRE-EMPTION [1913 : Ph. Act 4,
(2) It extends to Union Territory of Chandigarh],
Repeal of cer » “hm T. : . ‘ ‘
cat exmctet’. 2. (1) The Punjab Pre-emption Act, 1905, is hereby
repealed.
(2) Nothing in this Act shall affect the provisions of
Order 21, rule 88, of the Code of Civil Procedure, 1908, or
sections 53 and 54 of the Punjab Tenancy Act, 1887.
xo Notwithstanding anything to the contrary in
tion 4 of the Punjab General Clauses Act, 1898, the
Courts shall in all suits, appeals and proceedings pending
at the commencement of this Act give effect, so far as may
be, to the procedure prescribed by this Act.
Definitions. 3- In this Act, unless a different intention appears
from the subject or context,—
(1) ‘agricultural land’ shall mean land as defined in
the 7Punjab Alienation of Land Act, 1900 (as
amended by Act I of 1907), but shall not include
the rights of a mortgagee, whether usufructuary
or not, in such land ;
(2) ‘village immovable property’ shall mean im-
movable property within the limits of a village,
other than agricultural land ;
To
“2
(3) ‘urban immovable property’ shall mean im-
movable property within the limits of a town,
other than agricultural land. For the purposes
of this Act a specified place shall be deemed to
be a town (a) if so declared by the ‘[Central
Government] by notification in the Official
Gazette, or (b) if so found by the Courts ;
(4) ‘member of an agricultural tribe’ ‘and group. of
agricultural tribes’ shall have the meanings
‘Substituted for the word “Punjab” by the Punjab Reorganisation
oe (Adaptation of Laws on State and Concurrent Subjects)
rder, 1968,
i“ “Substituted by the Adaptation of Laws (Third Amendment) Order,
Substituted for the words “State Government” by the Punjab
Reorganisation (Chandigarh) (Adaptation of Laws on State and Con-
current Subjects) Order, 1968.
V of
90%.
XVI
of 1897
XI oj
1900,
yy”
913: Pb. Act I.] PRE-EMPTION A5]
ae assigned to them respectively under the tpuet. xHs00" Alienation of Land Act, 1900. este mine
(5) sale shall not include—
(a) a sale in execution of a decree for
of an order of a Civil, Criminal et Court or of a Revenue Officer,
(b) the creation of an occupancy tenancy by a landlord, whether for consideration ’ or otherwise ;
(6) any expression which is defined’ by section 3 of af the Punjab Land Revenue Act, 1887, shall, x ; subject to the provisions of this Act, have the
meaning assigned to it in the said section.
CHAPTER II
GENERAL PROVISIONS
«
. ;
i f 4, The right of pre-emption shall mean the right of a seen ‘ appli-
person to acquire agricultural land or village immovable cation of.
property or urban immovable property in preference to
other persons, and it arises in respect of such land only in
the case of sales and in respect of such property only in the
case of sales or of foreclosures of the right to redeem such
property.
Nothing in this section shall prevent a Court from
holding that an alienation purporting to be other than a sale
is in effect a sale.
No right of
pre-emption in
certain cases,
(a) the sale of or foreclosure of a right to rendeem—
*[5. No right of pre-emption shall exist in respect of—
(i) a shop, serai or katra ;
(%) a dharmsala, mosque or other similar building;
or |
a
erat cok ele eg See
1951 *°Pealed by the Adaptation of Laws (Third Amendment) | Order,
7
*Sections 5 and 6 substituted by Punjab Act No. 10 of 1960.
452 PRE-EMPTION 1913: Ph. Act 7.
(b) the sale of agricultural land being waste land
reclaimed by the vendee.
Explanation—For the purposes of this section the
expression “waste land” means land recorded
as banjar of any kind in revenue records anq
such ghair mumkin lands as are reclaimablo.
6. A right of pre-emption shall exist in resper
Exists in agri- . ‘ 8 P P d, subject to th “APEC of
cultural Jand and Village immovable pl operty, and, subject a 1e Provisions
village — immov- of clause (b) of section 5, in respect of agricultural] land,
able Prope ada shall) be)subject to all the provisions
3 contained. |
T St Ir AS of section 5 a right of
pre-emption s tin’ respect of urban immovable
property in any town or sub-c vision of a town when a
custom of pre-emption is proved to have been in existence
in such town or sub-division at the time of the commence-
ment of this Act, and' not otherwise.
Central Goy- 8. (1) Except as may'otherwise be declared in the
ernment may ex-case of eny agricultural ‘land ‘in a notification by the
op [Central Government], no, right of pre-emption shall
: exist within any cantonment. Va |
_. (2) The {Central Government] may declare by noti-
fication that in any local area or with respect to any land
or property or class of land or property or with respect to
a sale or class or sales, no right of pre-emption or only
such limited right as the *[Central Government] may
specify, shall exist.
Exclusion of 9. Notwithstanding anything in this Act, a right of
pre-emption 1 nre-emption shall not exist in respect of any sale made by
sTosstiong t#!" or to 2[Government] or by or to any local authority or to
any company under the provisions of Part VII of the Land
Acquisition Act, 1894, or in respect of any sale sanctioned by
the Deputy Commissioner under section 3 (2) of the
“Punjab Alienation of Land Act, 1900.
ety t0 allena- 10. In the case of a sale by joint-owners, no party to
1¢ . . ‘ ‘ preemption, such sale shall be permitted to claim a right of pre-emption.
1Substituted for the words “State Government” by the Punjab
Reorganisation (Chandigarh) (Adaptation of Laws on State and Con-
current Subjects) Order, 1968,
*Substituted for the word “Crown” by the Adaptation of Laws
Order, 1950.
Pyreneaied by the Adaptation of Laws (Third Amendment) Order,
I of
1894
XIII of
1900.
: jg13 : Pb. Act 1] PRE-EM IPT Tey
"
{41
Ss posi i
11. ( um de posited in or paid inte @
y emptor under the provisions of 4}; \ Lor of te Paes 0S. Civil Procedure shall, while it is in ‘the of the Conte of mr we Oe one
if f ve a the Custody of the ot
r XOCutLION
of A decree venue Court or of a
CHAPTER 11]
Court, be liable to attachmen|
or order of a Civil, Criminal oy
Revenue Officer,
PERSONS IN WHOM THE RIGHT OF PREEMPT
“YMPTION VESTS
12. In respect of all sales an “en
pleted before the commencement st ne not corm- The | Hw deter
pre-emption shall be determined by the provistth a Caen
Act: but in respect of all sales and foreclosures af vie |
before the commencement of this Act the ri “eae
emption shall be determined by the law ; : of pre-
time of such completion. n force at the
7 Ps =
ni
13- Whenever according to the isi : ht of s right of pre-emption vests in any class or group of puree rears ho
the right may be exercised by all the members of Sagh ee —
or group jointly, and, if not exercised by them all jointl ‘by
any two or more of them jointly, and, if not exercis ay by
any two or more of them jointly, by them severally,
14. No person other than a person who was at the Limit of exer-
date of sale a member of an agricultural tribe in the same “et "MA wt
group of agricultural tribes as the vendor shall have a right sold by member
of pre-emption in respect of agricultural land sold by a °,*? agricultu-
member of a agricultural tribe. = ERE Be.
I . . . hapa * j
(15. (1) The right of pre-emption in respect of age
agricultural land and village immopable property shall Ce ripe vee
vest— in respect’ of
sales of agricul-
tural land = and
village immovable (a} where the sale is by a sole owner,—
propely.
FIRST, in the son or daughter or son’s son or
daughter’s son of the vendor ;
SECONDLY, in the brother or brother’s son of
the vendor ;
_ THIRDLY, in the father's .brother, or father’s
~brother’s son of the vendor ;
‘Sections 15 and 16 substituted by Punjab Act 10 of 1960.
454 PRE-EMPTION [1913 : Ph. Ae I
FOURTHLY, in the tenant who holds under ton.
ancy of the vendor the land or property
sold or a part thereof ;
(6) where the sale is of a share out of joint land oy
property and is not made by all the co-sharers
jointly,—
FIRST, in the sons or daughters
ze daughters’ sons of the vendor ¢
_ SECONDLY, in the brothers or brot
the vendor or vendors ; ;
THIRDLY, in the father’s brothers or father’s
brother’s sons of the vendor or vendors :
FOURTHLY, in the other co-sharers ;
FIFTHLY, in the tenants who hold under tenancy
of the vendor or vendors the land or pro-
perty sold or a part thereof ; |
(c) where the sale is of land or property owned
jointly and is made by all the _ co-sharers
jointly,—
FIRST, in the sons or daughters or sons’ sons or
daughters’ sons of the vendors ;
SECONDLY, in the brothers or brother’s sons of
the vendors ;
THIRDLY, in the father’s brother’s or father’s
brother’s sons of the vendors ;
FOURTHLY, in the tenants who hold under ten-
ancy of the vendors or any one of them the
land or property sold or a part thereof.
(2) Notwithstanding anything contained in sub-
section (1)—
(a) where the sale is by a female of land or pro-
perty to which she has succeeded through her
father or brother or the sale in respect of such
land or property is by the son or daughter of
such female after inheritance, the right of pre-
emption shall vest,—
(i) if the sale is by such female, in her brother
or brother’s son. ;
(ii) if the sale is by the son or daughter of such
female, in the mother’s brothers or the
918 455
mother’s brother's sons vendors : of the vendor or
(b) where the sale is by a female of land or pro- perty to which she has succeeded through her hunsband, or through her son ; aoa son j
has inherited the land or property > he pie
his father, the right of pre-emption shall vest.—
FIRST, in the son or daughter of ‘x |
the] female ; such ‘[husband of
SECONDLY, in the husband’s brothe : ro Se band’s brother’s son of such female pm
16. The right of pre-emption in respect of urban im. Perso". ™ movable proprety shall vest in the tenant who holds under et tots tenancy of the vendor the property sold or a part thereof.] in an urban 1m.
movable pro-
perty,
17. Where several pre-emptors are f Exercise af
ally entitled to ths rich ound by the Court ion of pre-
to be eaually ; 2 right of pre-emption, the said emption where
right shall be exercised— ceceeal "Dersons
equally entitled.
(a) if they claim as co-sharers, in proportion
among themselves to the shares they . already
-hold in. the land or property ;. -
(b) if they claim as heirs, whether co-sharers or not,
in proportion among themselves to the -shares
in which but for such sale they would inherit
the land or property in the event of the vendor's
decease without other heirs ;
(c) *[Omitted.]
(d)'[Omitted.]
(e) in any other case, by such pre-emptors in equal
shares. . Provisions of
18. In the case of a foreclosure of the ne to rece sections 15 and
village immovable property, the provisions of sections 1517 applicable to
and 7 and in the case ‘of 7 foupelestite of the: right to teri eedis.
redeem urban immovable property, the provisions of
sections 16 and 17 shall be construed by the Court with
such alterations, not affecting the substance, as may be
hecessary or proper to adapt them to the matter before the
Court,
——~ a a
‘Clauses (c) and (d) omitted by Punjab Act No. 10 of 1960.
456 PRE-EMPTION [1913 54 * ‘ : *h A
* et I
CHAPTER IV
PROCEDURE.
Notice to 19. When any person proposes to sell any
3 agricult land or village immoveable property or urban in ural a 4 t c e > Jan
IMMOveabln
property or to foreclose the right to redeem any villaga ;
moveable property or urban immoveable property ft ren
pre-emptors.
pect of which any persons have a right of pre-emption. +
I z give notice to al. ‘ ach persons of the price at which .
P willing to sell h a a erty or of the aitnent
due in respect to the mortgag the case may be.
Such notice shall be given through any Court withi
the local limits of whose jurisdiction such land or ‘ies E
or any part thereof is situate, and shall be deemed ‘suf,
ciently given if it be stuck up on the chaupal or other publi
place of the village, town or place in which the land
property is situate. a
' rc
Notice by pre- 20. The right of pre-emption of any person shall he
ieee to veN-«xtinguished unless such person shall, within the period of
- three months from the date on which the notice under
section 19 is duly given or within such further period, not
exceeding one year from such date, as the Court may allow,
present to the Court a notice for service on the vendor or
mortgagee of his intention to enforce his right of pre-
émption. Such notice shall state ‘whether the pre-emptor
accepts the price or amount due on the footing of the
tnortgage as correct or not, and if not, what sum he is
willing to pay.
When the Court is satisfied that the said notice has
been. duly served on the vendor or mortgagee, the proceed-
ings shall be filed,
Suits for pre-e 21. Any person entitled to a right of pre-emption
angen may, when the sale or foreclosure has been completed,
bring a suit to enforce that right. ji
_ "|21-A. Any improvement, otherwise than through
inheritance or succession, made, in the status of a vendee
defendant after the institution of a suit for pre-emption
shall not affect the right of the pre-emptor-plaintiff 1
such suit-]
1Added by Punjab Act I of 1944, section 2. It applies to all suits o"
appeals pending on, or instituted after, the commencement of this Ac
—
|
o- Ph. Act I. PRE-EMPTION 5 1913 3 Ph. Act L.| EMPTION 457
or at
7 + plal
; the ‘ion of the Court, exceed one-fifth of the probable value opihe Jand or property, or require the Plaintiff to give
Scurity to the satisfaction of the Court for the payment, if i uired, of a sum not exceeding such probable valuc within
ch time as the Court may fix in such order.
(2) In any appeal the Appellate Court may at any
time exercise the powers conferred on a Court under sub-
section (1)-
su
(3) Every sum deposited or secured under sib-
section (1) or (2) shall be available for the discharge of
costs.
(4) If the plaintiff fails within the time fixed by
the Court or within such further time as the Court may allow to make the deposit or furnish the security mentioned
in sub-section (1) or (2), his plaint shall be rejected or his
anpeal dismissed, as the case may be.
(5) (a) If any sum so deposited is withdrawn by the
plaintiff, the suit or appeal shall be dismissed.
(b) If any security so furnished for any cause he-
comes void or insufficient, the Court shall order the plain-
tiff to furnish fresh security or to increase the security, as
the case may be, within a time to be fixed by the Court,
and if the plaintiff fails to comply with such order, the suit
or appeal shall be dismissed.
(6) The estimate of the probable value made for the
purpose of sub-section (1) shall not affect any decision sub-
sequently come to as to what is the market value of the land
or property.
23. No decree shall be granted ina suit for pre-
the plaintiff has satisfied the Court—
(a) that the sale in respect of which pre-emption is
claimed is not in contravention of the ‘Punjab
Alienation of Land Act, 1900, and
_—_—._ 5 ot A eee
| of
0,
1951 'ePealed by the Adeptation of Laws ‘(Third Amendment) Order,
gz. (1) In every suit for pre-emption the Court slall. Paine any time before, the settlement of issues, require .
make deposit oer al, : 74} i i ~ > ’ ntiff to deposit in Court such sum as does not, in the to file security.
© enlled on
Special
may
to
condi-
. . ~, tions relating to
emption in respect of the sale of agricultural land until sales of agricul-
tural land,
458 PRE-EMPTION ‘pe, -
| 9153 . hy ‘
" dae]
|
(b) that he is not debarred by the Provision
tion 14 of this Act from exercising the rj Of see.
pre-emption. TIEN of
Procedure on » 791 " A. . ma rete . (24. Ina suit for pre emption in Fespect of a sala the said issues. Agricultural land, if the Court finds that the sale ;. of
contravention of the ‘Punjab Alienation of Land Act 4320
the Court shall dismiss the suit. Act, 19y0,
Fixing of priee hiss © 25. (1) Ifin the case of asale the partic
suit in casa freed as to the price at which the peeemptor shall i sales, us right of pre-emption, the Court shall determine wheth. the price at which the sale purports to have taken he
has been fixed in good faith or paid, and if it finds that the rice was not so fixed or paid, it shall fix as .
r
the pric purposes of the suit the market value of the land . prove’
+
(2) If the Court finds that the price was fixed in
good faith or paid, it shall fix such price as the price for
the purposes of the suit :
Provided that when the price at which the sale pur-
ports to have taken place represents entirely or mainly a
debt greatly exceeding in amount the market value of the
property, the Court shall fix the market value as the price
of the land or property for the purposes of the suit, and
may put the vendee to his option either to accept such
value as the full equivalent of the consideration for the
original sale or to have the said sale cancelled, and the
vender and vendee restored to their original position.
to nee price 26. If in case of a foreclosure the parties are not
suit in case of @8reed as to the amount at which the pre-emptor shall exer-
foreclosure. cise his right of pre-emption, the Court shall determine
whether the amount claimed by the mortgagee is due under
the terms of the mortgage, and whether it is claimed in
pood faith. If it finds that the amount is so due and is
claimed in good faith, it shall fix such amount as the price
for the purposes of the suit; but if it finds that the amount
is not so due, or, though due, is not claimed in good faith,
it shall fix as the price for the purposes of the suit the
market value of the property.
"Repealed by the Adaptetion of Laws (Third Amendment) Order. 1951, ; iw = f
y-
1913 : Pb. Act I. | PRE-EMPTION 4 50
ad Tar . 4 27. For the purpose of determining the market value, “Market value
the Court may consider the following among other matters 1% t? be dete
ag evidence of such value :— ee ALCETS mined
(a) the price or value actually received or to ] received by the vendor from the vendee a the amount really due on the footing of the mort- gage, as the case may be :
(b) the amount of interest j
value or amount ;
(c) the estimated amount of the average annual net assets of the land or property ;
(d) the land revenue assessed upon the land or pro- perty ;
(e) the value of similar land or prope in th neighbourhood ; EY
(f) the value of the land or property as shown by
Previous sales or mortgages.
neluded in such price,
28. When more suits than one arising out of the same concurrent
sale or foreclosure are pending, the plaintiff in each suit hearing of suits.
shall be joined as defendant in each of the other suits, and
in deciding the suits the Court shall in each decree state the
order in which each claimant is entitled to exercise his right.
‘[28-A. (1) If in any suit for pre-emption any person Postponement
bases a claim or plea on a right of pre-emption derived from ° ice Pn
the ownership of agricultural land or other immovable pro- ty eorinin’ eae
perty, and the title to such land or property is liable to be
defeated by the enforcement of a right of pre-emption with
respect to it, the court shall not decide the claim or plea
until the period of limitation for the enforcement of such
right of pre-emption has expired and the suits for pre-
emption (if any) instituted with respect to the land or pro-
perty during the period have been finally decided.
(2) Ifthe ownership of agricultural land or other im-
moveable property is lost by the enforcement of a right of
pre-emption, the court shall disallow the claim or plea based
upon the right of pre-emption derived therefrom.]
‘Inserted by Punjab Act II of 1928, Section 2. °
460 PRE-EMPTION [1913 :
Copy of decree 29. (1) The Court Shall send to the Deputy Cy to be sent to De-
: AO puty Commis. Sioner a copy of every original decree granting
jones: apnitca-other than a decree granting pre-emption in tion Toy revit airti
Min ig.
Pre-emption . oe respect of ng or site of a building ina t Wn or sub-division _,, =
of a
q mn, and the Deputy oe n ai issioner may sittis
fo Months from the date of the 1 eipt of such One ply to the Court to which the app gal in the pre-emptic, suit would lie, or if no appeal lies, to the Divisional Court or revision of the decree on the ground that the decision ‘Of the Court of first instance is contrary to the Provisions aM the ‘Punjab Alienation of Land Act, 1900. . +
XI IT nf
1900,
_ (2) No stamp shall be required upon s tion, and the provisions of the Code of Civil Procedure as v ,, Tegards appeals shal] apply, as far ag May be, to the pro- 1908, Cedure of the Appellate Court on receipt of such applica-
uch applica-
!
(3) No appearance by or on behalf of the Deputy Commissioner shall be deemed necessary for the disposal of the application.
CHAPTER V
LIMITATION
imitation. 30. In any case not provided for by article 10 of the Second Schedule of the “Indian Limitation Act, 1908, the TX of period of limitation in a suit to enforce a right of pre- emption under the provisions of this Act shall, notwith- standing anything in article 120 of the said schedule, be ‘one year—
(1) in the case of a sale of agricultural land or of
village immovable property,
from the date of the attestation (if any) of the sale
by a Revenue Officer having jurisdiction in the
register of mutations maintained under the a
Punjab Land Revenue Act, 1887, or 185
1951 PePeeled by the Adaptation of Laws (Third Amendment) ee
.
4 me ee “See now the Indian Limitation Act, 1963. :
4913 : Pb. Act I.| PRE-EMPTION 46]
from the date on which the vendee takes under the
sale physical possession of any p , 1 art of such Jand
or property,
whichever date shall be the earlier
(2) in the case of a foreclosure of the right to
redeem village immoveable property or urban
immoveable property,
from the date on which the title of the mortgagee
to the property becomes absolute ;
(3) in the case of a sale of unban immoveable pro-
perty, from the date on which the vendee
takes under the sale physical possession of any
part of the property.
1131. No court shall pass a decree in a suit whether Punjab nd-
instituted before or after the Punjab Pre-emption emngion, Ame nd
(Amendment) Act, 1960, which is inconsistent with the to st aPPly to all
provisions of the said Act.]
.
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1Added by Punjab Act No. 10 of 1960, section 8. .