SARDAR SINGH Vs. DALIP KAUR

JUDGEMENT

(1.) Whether for purposes of first part of Art. 97 of the Limitation Act, 1963, physical possession of the property sold would be deemed to have passed on he date of execution of the sale deed even if delivered earlier under the intended sale, is the sole point for consideration before us.

(2.) Mehar Singh sold 42 Kanals 18 Marlas of agricultural land to Sardara Singh and five others for a consideration of Rs. 42,900/-, by a sale deed dated 1st December, 1975, which was presented for registration on 3rd December,1975, and was entered in the book of the Registrar on 4th December, 1975. Smt Dalip Kaur daughter of the vendor, filed a suit on 2nd December, 1976, to pre-empt the aforesaid sale. The vendees resisted the suit and besides denying that the plaintiff was the daughter of the vendor, pleaded that the suit was barred by limitation as possession of the property sold was taken on the day the sale deed was executed. On he contest of the parties various issues were framed, one of them being as follows: Whether the suit is barred by time? O. P. D. The trial Court by judgment and decree dated 7th May, 1979, found that the plaintiff was the daughter of the vendor and as such had a superior right of pre-emption and that possession was delivered to the vendees in anticipation of the sale and therefore, the starting point of limitation under Part I of Article 10 of the Indian Limitation Act would be applicable and the limitation would start from the date of actual registration of the sale deed which was entered in the book of the Registrar on 4th December, 1975, and hence the suit filed on 2nd December, 1976, was within limitation On vendees appeal the learned additional District Judge. By judgment and degree dated 8th January, 1980, dismissed the same after affirming the finding of the trial Court about the plaintiff being the daughter of the vendor and decided the point of limitation against the vendees. The lower appellate court came to the conclusion that Sardara Singh vendee stated that possession was taken before the execution of the sale deed and therefore placing reliance on Baj Chander Mani v. Bhagirath, AIR 1961 Punj 296, held that the limitation would start from the date of registration of the sale deed in the book 4th December, 1975, and therefore, the suit brought on 2nd December, 1976, was within limitation against the aforesaid Sardara Singh vendee has come to this Court in second appeal.

(3.) The second appeal came up for motion hearing before M. R. Sharama, J. on 7th May, 1980, who entertained some doubt about the correctness of Bai Chander Mani's case (AIR 1961 Punj 296)(supra) and admitted the case to D. B. after formulating the following question of law of substantial importance: "Whether the possession of part of land taken on the date when the sale deed is executed would be deemed to be take under the sale for the purpose of the Punjab Pre-emption Act?" This is how the matter has been placed before us for final decision.