Broad pre-emption rights extend to sheds and walls on the site, even when erected by a lessee and removable later.

For purposes of clause secondly of Section 16 of the Punjab Pre-emption Act, 1913, the phrase "building or other structures" was treated as broad enough to include sheds, walls, and similar erections existing on the land at the time of sale. The lessee's ownership of those structures at the relevant time was not defeated merely because they had been erected during the lease and could be removable on expiry. The statutory preference therefore extended to the owner of such structures even where the constructions were not massive or permanent, and the challenge to that interpretation failed.

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Issues: Whether sheds, a wall, and other erections existing on the site before sale, erected by a lessee, constituted "building or other structures" within clause secondly of Section 16 of the Punjab Pre-emption Act, 1913, so as to sustain the right of pre-emption.

Analysis: The expression "building or other structures" was held to be wider than a building in the strict sense and capable of including walls, sheds, and similar unsubstantial erections. The fact that the erections had been made during the lessee's tenure and might have been removable on expiry of the lease did not deprive the lessee of ownership of the structures at the time of sale. The Court also held that the structures substantially covered the site and that the statutory preference attached to the owner of such structures was not confined to massive or permanent constructions.

Conclusion: The erections were rightly treated as "other structures" within clause secondly, and the plaintiff's challenge failed.

Final Conclusion: The appeal was dismissed and the interpretation adopted by the courts below was affirmed.

Ratio Decidendi: For the purpose of clause secondly of Section 16 of the Punjab Pre-emption Act, 1913, the phrase "building or other structures" includes not only substantial buildings but also sheds, walls, and similar erections existing on the site at the time of sale, even if erected by a lessee and capable of removal on expiry of the lease.

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