AJAIB SINGH Vs. BUTA SINGH

JUDGEMENT

(1.) THIS litigation has arisen out of a Sale of 9 kanals of land situate at village Jainpur by Chhinder Singh. Malkiat Singh and Pritam Singh minors through Charan Singh their father as guardian by one registered sale deed dated 21st February, 1964, for a sum of Rs. 8,000/ - in favour of Ajaib Singh. Buta Singh minor son of Mehar Singh instituted a suit, for possession of this land on payment of Rs. 6,000/ - by way of pre -emption. It was alleged that he is son of the vendors father's brother, that Rs. 6,000/ - only were paid and the balance of Rs. 2,000/ - was entered in the deed to :scare away the pre -emptor. Ajaib Singh defendant -vendee contested the suit and in doing so denied the plaintiff's right to, pre -empt the sale and added that the sum of Rs. 8000/ - was paid and fixed in good faith, that he had spent Rs. 2,000/ on improvement of the land after the sale. He also urged that the suit was barred by time.

(2.) FOLLOWING issues were framed:

(3.) The Learned Counsel for the defendant appellant urged that the suit was barred by time in as much as the appellant had got into possession of the land on the date vendors agreed to sell the land in his favour. The question of limitation was not agitated before the first appellate Court but otherwise also it has no merit. The sale deed admittedly was written on 20th of February, 1964, and was registered on 21st February, 1964. The suit was instituted on 19th February, 1965, i.e. within one year from the date of the execution of the registration of the sale deed. The Learned Counsel for the appellant pleaded that the agreement should have started from the date of the execution of the agreement to sale by the vendors. Exhibit D. 1. i.e. 1st July, 1963. I am not in agreement with him. In cases of the present category the period of limitation starts from the date of the execution of sale deed by the vendors which in this case is 20th February. 1964. My view finds support from Ram Peara v. Rup Lal, A.I.R. 1918 Lah. 79 which laid down. -