BHONRA Vs. SHIVRAM

JUDGEMENT

(1.) This is an appeal by the defendant against the order of the District Judge, Alwar, dated 5-4-1949 getting aside the decree of the Munsif, Alwar, dated 18 9-1948 and remanding the case for trial of other issues.

(2.) On 11-1-1947 the plaintiff-respondent 1 Shivram brought a suit for preemption in respect of the property sold by respondents 2 and 3, Lalluram and Balabux to the appellant by a sale-deed dated 12-2-1946. The suit was thus well within one year of the date of sale acoording to Article 10, Alwar State Limitation Act, which was the same as Article 10, Indian Limitation Act. The respondent, however, pleaded that the suit was barred on account of the provisions of Section 31 (2), Alwar State Pre-emption Act, [VII] 7 of 1946. The trial Court allowed this objection and dismissed the suit. The District Judge has set aside that order and remanded the case for the trial of the remaining issues. The only point for our determination, therefore, at present is that of limitation.

(3.) The appellant's advocate contends that the way in which the District Judge has interpreted Section 31 (2) is incorrect. The said Section 31 runs as follows: "31 (1) Where any claim for pre-emption in this State was rejected, whether by an original Court or a higher Court, after the 30th day of April 1942 on the ground that there was no law or custom under which the pre-emption in question could be claimed, then such a claim, if consistent with the provisions of this Act, shall be restored to file and decided according to this law, if an application to that effect is made by such claimant or his lineal heir-at-law within three months next after the passing of this Act, inspite of the lapse of ordinary period of limitation: Provided that the pre-emptor, in addition to the price payable under this Act for such right, shall also pay for the net costs of improvements effected bona fide by the transferee or his successor, upon the property liable to preemption, before the passing of this Act, and which is not detachable or removable without material alteration in or damage to the pre-emptible property: Provided further that a suit which was rejected as barred under Article 10, Alwar State Limitation Act, 1944 shall not be revived under this section. (2) Suits relating to pre-emption which were not filed after the 30th day of April 1942 shall be entertained if instituted within three months next after the passing of this Act inspite of the lapse of the ordinary period of limitation."