AJIT SINGH Vs. DHARA SINGH

JUDGEMENT

(1.) ON 30th of April, 1965, Sawal Singh, by a deed which was registered on 12th of May, 1965, sold land measuring 46 Kanals 16 Marlas to Ajit Singh for Rs. 5,500/ -. On 2nd of May, 1866, Dhara Singh, brought a suit for possession of this land by pre -emption on the ground that he was the vendor's brother's son and thus had a superior right to purchase the said land. He also alleged that the price mentioned in the sale deed was neither paid nor fixed in good faith. As a matter of fact, the vendee had given only Rs. 3,500/ - for this land.

(2.) THE suit was contested by the vendee on a number of grounds. It was said, inter alia, that the plaintiff was not the son of the vendor's brother, that Rs. 5,500/ - had been actually paid, that the vendee was a tenant of the vendor on the date of sale and as such the suit for preemption was not maintainable, that the vendee was also entitled to Rs. 362/25 for expenses of sale and registration and Rs. 400/ - towards the improvements made by him in the said land and that the suit was barred by limitation.

(3.) THE only question argued by the Learned Counsel for the appellant was regarding limitation and it was contended that the finding of the courts below on that point was erroneous in law. While holding that the plaintiff's suit was within limitation, the trial court had observed that the Khasra Girdawaris showed that one Charan Singh was in possession of the suit -land at the time of sale and consequently, it Was not capable of physical possession. It had not been shown as to when the defendant vendee took possession of the land. So the limitation under Article 97 of the Limitation Act, 1963 would be one year from the date when the sale deed was registered. As the deed was registered on 12th of May, 1965, therefore, the present suit having been filed on 2nd of May, 1966 was well within time. The learned: Additional District Judge, while dealing with this matter, agreed with the trial court that the land in dispute being in possession of Charan Singh at the time of sale, was not capable of physical possession According to him, the sale deed was registered on 3rd of May, 1965 and since the suit had been filed on 2nd of May, 1966 i.e. within one year from 3rd of May, 1965, it was within limitation. It may be mentioned that 3rd of May, 1965 was the date when the sale deed was actually presented for registration, but it was copied in the register of the Registration Department on 12th of May, 1965, which would indisputably be the date of registration of the document.