KIRPAL SINGH Vs. SURJAN SINGH

JUDGEMENT

(1.) THIS order will dispose of two connected Regular Second Appeals Nos. 1155 and 1212 of 1965.

(2.) ON 2nd August, 1961, by means of a deed, Exhibit D. 2, Dhera Singh sold agricultural land measuring 22 kanals 6 marlas situate in village Moranwali, district Hoshiarpur, along with share in the Shamilat Deh Patti and one-third share in the well known as Nurpurwala with Persian wheel for Rs. 10,000/-, in favour of birkha Singh and his three brothers Kirpal Singh, Harjit Singh and Sansar Singh, sons of Harnam Singh. The sale-deed was registered on 8th November, 1962. This sale led to two suits for preemption, one filed by Surjan Singh on 18th August, 1962, on the ground that he was the father's brother's son of the vendor and the other by Jagat Singh on 21st September, 1963, alleging that he was the son of the vendor. Both the suits were consolidated by the trial Court.

(3.) THE vendees contested the suits on a number of pleas, but in the present appeal we are only concerned with one of them, namely, that the suits had been filed beyond limitation. The case of the defendants was that the sale-deed was executed on 2nd August, 1961, and the possession of the property was also delivered to the vendees on the same day, with the result that the suits should have been filed within one year from that date and that not having been done, the suits should have been dismissed on the ground of limitation. This plea of the defendant-vendees prevailed with the trial Judge and both the suits were dismissed.