SEWA SINGH Vs. TARA CHAND

JUDGEMENT

(1.) THIS is an appeal brought against an appellate decree of the Senior Subordinate Judge, jullundur, dated 23-11-1950, reversing the decree of the trial Court which had dismissed the plaintiff's suit for pre-emption on the ground that it was barred by time.

(2.) THE sale of the land in suit was made in favour of Sewa Singh, a minor of three years of age, by Mst. Malan for a sum of Rs. 2,750/- and the sanction of the mutation was on 23-3-1949. Tara chand, plaintiff-respondent, brought a suit for pre-emption of this sale. On 22-3-1950, he filed an application in the Court of the District Judge to the following effect :

(3.) AN objection was taken that the suit was barred by time and this objection was given effect to by the trial Court. Mr. P. S. Bindra, the Senior Subordinate Judge, on appeal held the suit to be within time and has decreed the suit holding that the limitation runs from the date of mutation and the suit was within time having been filed in the Court of the District Judge on 22-3-1950, and that the value of the property was fixed in good faith and paid and thus the suit has been decreed on payment of Rs. 2,750/ -.