DHAPAL SINGH Vs. GOPI CHAND

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for pre-emption. The only question involved and to be decided in the appeal is one of limitation. The trial Court, holding that the suit was within time, decreed it, while the lower appellate Court being of the view that the claim was beyond time dismissed it. This appeal is against the latter decree.

(2.) The sale deed in question was executed by defendant 4 in favour of defendants 1 to 3 on 15 December 1943, in regard to an undivided share in certain specific proprietary plots for Rs. 4000. It may be mentioned at once that this amount was accepted as the actual pale consideration and is no more open to question in this appeal.

(3.) Admittedly the property covered by the above sale is what is known as "protected land" within the meaning of the U.P. Regulation of Agricultural Credit Act XIV