CHHAJU Vs. BHARPAI

JUDGEMENT

(1.) This is defendants' second appeal against whom the suit for possession by way of pre-emption was dismissed by the trial Court, but was decreed in appeal.

(2.) Mt. Mado sold the suit land for a sum of RS. 3,500/- to Chhaju and Teka, defendants-appellants vide registered sale deed dated May 21, 1969. The suit was filed on May 27, 1970, by the plaintiff-respondent claiming herself to be the daughter of the vendor Mst. Mado. The suit was contested on behalf of the defendants on the ground that the plaintiff was not the daughter of the vendor, as alleged and, thus, she had no right to pre-empt the land. A specific plea was taken that the suit was barred by time as they had taken physical possession of the suit land on the date of the sale in their favour and, therefore, the suit filed on May 27, 1970, was beyond limitation under Article 97 of the Limitation Act read with Section 30 of the Punjab Pre-emption Act (hereinafter called the Act). On the pleadings of the parties, the trial Court framed the following issues :

(3.) What is the market value of the land, in dispute, on the date of its sale ?