KUNWARPAL Vs. TARACHAND

JUDGEMENT

(1.) THIS is a Second appeal by the defendant for the refund of consideration money in respect of the sale of certain Zamindari property. The plaintiff -respondents purchased from the defendant -appellant a Zamindari property situated in 'Mauza' Gadwara for Rs. 2,600. After the sale one Phulazarilal lodged an objection to the sale in the Revenue Court claiming that he was entitled to pre -empt the property sold to the plaintiffs. This objection was allowed and the sale in the plaintiffs' favour was set aside by the Revenue Court on 28 -8 -1934. Kunwarpal did not, however, subsequently sell the property to Phulazarilal.

(2.) IN this appeal the only point urged by Mr. Mungre learned counsel for the appellant was that the plaintiffs' suit was barred by time. It was said that under Art, 13, Gwalior Limitation Act the suit should have been filed within six years from the date on which the right to sue accrued; that the right to sue for the return of the consideration money arose when the sale was set aside on 28 -8 -1934 and not on 20 -1 -1944, the date on which the plaintiffs were dispossessed from the property. The contention is devoid of any substance. The plaintiffs' suit is no doubt governed by the residuary article of the Gwalior Limitation Act which does not contain a provision corresponding to Art. 97, Limitation Act. This article prescribed a period of six years limitation from the date on which the right to sue accrues.