MITTAN SINGH Vs. SATYAWATI DEVI

JUDGEMENT

(1.) This is a Defendants' revision against an order of the District Judge, Mirzapur dated 3-9-1974 affirming the order of the trial court on issue number 4 which related to a question of limitation.

(2.) The Plaintiffs, by a sale-deed dated 26-7-1961, sold Bhumidhari plots, detailed at the foot of the plaint, for a sum of Rs. 12,750/-in favour of the Defendants. The sale deed was registered on 28th July, 1961. Out of the sale consideration, Rs. 8000/-were paid to the Plaintiffs at the time of sale and the balance amount of Rs. 4,750/-was undertaken to be paid by 18-6-1962. It was stipulated in the deed that in case the Defendants failed to pay that amount by the stipulated time, they would pay interest at the rate of one per cent per month on the same. The Defendant did not pay the balance amount, hence the Plaintiffs filed the suit on 3-7-1968 for the recovery of a sum of Rs. 4,750/-with interest at the rate of one per cent per month. They also prayed that the amount due may be made a statutory charge on the property under Section 55(4)(b) of the Transfer of Property Act. The reliefs claimed were as follows:

(3.) There is no dispute that title to the property passed to the transferees immediately after the execution of the sale-deed as the sale was a completed one and was made under a registered instrument. The Defendants contested the suit on a variety of grounds including a plea of limitation. According to them, the relief for personal decree was governed by Article 53 of the New Limitation Act corresponding to Article 111 of the old Limitation Act. The suit, accordingly, was to be governed by the three years' rule of limitation as the principal relief was for a personal decree and the relief for the enforcement of the charge besides being an ancillary one could not be granted in view of the terms of the deed. No larger period of limitation was accordingly applicable to the suit and the whole suit was out of time.