LAWS(ALL)-1949-10-1

RAM GOPAL Vs. BAIKUNTH NATH SHARMA

Decided On October 07, 1949
RAM GOPAL Appellant
V/S
BAIKUNTH NATH SHARMA Respondents

JUDGEMENT

(1.) This is a plaintiff's appeal in a suit for pre-emption. On 29th March 1948, Dr. Baikunth Nath Sharma purchased plots Nos. 172, 182 and the northern portion of plot No. 180 under a sale-deed dated 29th March 1943. The sale-deed was presented for registration on the same day and the vendor admitted the execution and the receipt of consideration before the sub-registrar. The sub-registrar, however, for some reason, delayed making the entries in the requisite registers and it was not till 10th May 1943, that he noted on the back of the sale-deed that it had been registered and entered in a particular volume and page of the register. The suit for pre-emption was filed on 26th April 1944.

(2.) Under Article 10, Limitation Act, a suit for pre-emption has to be filed within one year from the date

(3.) In the sale-deed it is mentioned that delivery of possession has been effected and the case of the vendee was that the next day after the execution of the sale-deed and its presentation in the registration office the vendee was put in actual physical possession of plot Nos. 172 and 182 and the portion purchased by him of plot No. 180 was demarcated by pegs and he was put in actual physical possession of the portion purchased by him.