BHAJAN SINGH Vs. RAGHBIR SINGH AND OTHERS

JUDGEMENT

(1.) THE plaintiff Bhajan Singh filed the present suit on 9th January, 1980 seeking a declaration that the decree dated 13th February, 1979 obtained by Raghbir Singh, respondent No 1 herein, against Gurpal Singh, Joga Singh, Hardial Singh, sons of Kehar Singh, and Mohinder Singh son of Nishabar Singh, was sham and collusive and not binding on the plaintiff, petitioner herein.

(2.) PLAINTIFF Bhajan Singh, hereinafter referred to as the petitioner, sought certain amendments in the plaint, whereby, inter -alia, he sought to seek the possession of the land in dispute by way of preemption.

(3.) IT has been canvassed on behalf of the petitioner that the trial Court had taken incorrect view in regard to the limitation for filing the pre emption suit pertaining to the matter of the present kind. It has been urged that the present case shall be governed by article 113 of the Schedule of Limitation Act, - 1963, and not by article 97 thereof or by section 30 of the Punjab Pre -emption Act, 1913, hereinafter referred to as the Act. In support of his submission the learned counsel for the petitioner placed reliance on a Full Bench decision of this Court reported in Kharati Ram v Ram Lal, A. I. R. 1951 P&H. 45, and a Division Bench judgment of the Rajasthan High Court reported in Mohan Lal v. Rasula : A. I. R. 1951 Raj. 117.