KASHMIR SINGH Vs. MEHAR CHAND

JUDGEMENT

(1.) THE only point that arises for decision in this second appeal is whether the pre -emptor's suit had been filed within limitation or not.

(2.) ON 1st June, 1964, Gandharb Singh and others sold 57 Kanals and 3 Marias of agricultural land, out of 103 Kanals 18 Marias, in favour of Kashmir Singh for Rs. 9,500 by a deed, was registered on 31st December, 1964 On 29th December, 1965 Mehar Chand alias Swarn Singh brought a suit for possession of the said land by pre -emption on the ground that he was a brother of Gandharb Singh, vendor, and also a co -sharer in the joint Khata, of which the land in dispute formed a part and, therefore had a superior right of pre -emption to that of the vendee. It was also alleged by him that the sale -price entered in the deed was fictitious and he was entitled to pre -empt the sale on payment of Rs. 6,000 only.

(3.) THE trial court decreed the suit on payment of Rs. 9,500. This judgment was affirmed on appeal by the learned District Judge, Hoshiarpur.