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Supreme Court of India 2024-02-06 dismissed

JAGMOHAN AND ANOTHER vs BADRI NATH AND OTHERS

Bench: 2 — C.T. Ravikumar, Rajesh Bindal

In Brief

Tenants of a rolling mill property in Jagadhri (Haryana) sued to exercise their right of pre-emption when the landlord sold the property to others in 1983. The trial and high courts allowed the suit. On appeal, the owners argued that a 1985 state notification exempted pre-emption rights for land in municipal areas, so the suit should fail. The Supreme Court held that the notification exempts only 'land' (meaning unbuilt agricultural land), not 'immovable property' (meaning constructed structures). Since the rolling mill was an urban immovable property, not mere land, the exemption did not apply. The tenants' right of pre-emption was validly exercised. The appeal was dismissed.</summary_100> </invoke>

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