SUBHAN MALIK Vs. ABDUL ALI

JUDGEMENT

(1.) THIS is a civil second appeal arising out of the following facts. A suit for possession based on right of prior purchase pertaining to 2 kanals 3 marlas of land comprising Khasra No. 167 village Waripora was instituted by the respondent against Subhan Malik the vendee and Mohammad Abdulla the vendor of this land. The sale deed was written on 23 -11 -1962 but was registered on 7 -1 -1963. The suit was filed by the plaintiff on 1 -2 -1964. The consideration entered in the sale deed was Rs. 600/ -. The plaintiff claimed to be the brother of the vendor. Various pleas were raised in the written statement by the vendee. Two important among the pleas were that the plaintiff had waived the right to pre -empt the sale and secondly that the suit was time barred. The trial Court of Sub -Judge Sopore held that since the plaintiff has waived his superior right to pre -empt the land, dismissed the plaintiff's suit. In appeal before the District Judge Baramulla the plea of waiver was held not proved and the decree for possession on payment of Rs. 600/ - was passed in favour of the plaintiff against the defendant vendee. A further appeal was preferred to this court and his Lordship the Chief Justice by his order dated 19th July 1968 remanded the case to the trial Court framing an additional issue which is in the following words:

(2.) THE only point argued by Mr. Bhan the learned Counsel for the appellant before me was that the sale deed was executed on 23 -11 -1962 but was registered on 7 -1 -1963. He has referred me to Section 47 of the Registration Act which reads as under:

(3.) NO other matter was argued before