JASJIT SINGH Vs. RONKI RAM

JUDGEMENT

(1.) Two sales were made on 9.6.1977 and another one on 10.6.1977 and all the three sales were entered in the register of the Sub-Registrar on 22.6.1977. On 20.6.2978, three suits to pre-empt those sales were filed, by the appellants, as son of the one vendor and brother of the other vendor, as well as on the ground of being a co-sharer of the vendors.

(2.) The vendees contested the suits mainly on the ground that they were item barred as the limitation started from 9th and 10th June, 1977 when the sale deeds were executed and presented for registration, and not from 22nd June, 1977, when the sale deeds were entered in the register of the Sub-Registrar, either because the land was capable of physical possession, or possession of whole or part, had been delivered to the vendees on the date when the said deed was executed. Both the Courts below dismissed the suit as time barred. Three appeals were filed in this Court, two were dismissed in limine on 2.5.1986 but in the third one, which has now come up for final hearing after sending for the record, the appeal was admitted.

(3.) Shri J.S. Wasu, Senior Advocate, appearing for the pre-emptor has argued that the suit is within time as the land was not capable of physical possession when the sale deed was executed and since possession of even part of the land sold, was not delivered to the vendees, the limitation will start from the date the sale deeds were entered into the register of the Sub-Registrar. Assuming for the sake of argument that there is merit in the contention of the learned counsel, another hurdle has come in his way because the relationship on which he came to pre-empt as a co-sharer is covered by section 15(1) (b), Clauses 'Firstly and Secondly' and it has been held in Jagdish v. Nathi Mal Kejriwal, 1987 AIR(SC) 68, that such relations cannot seek pre-emption as co-sharers. Accordingly, the appeal is dismissed in view of the aforesaid decision of the Supreme Court with no order as to costs.