NANA RAOJI Vs. BABULAL DAMUSA

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff arising out of a suit for pre-emption.

(2.) THE plaintiff is an occupant of S. No. 5/3 in Kakarkhed, tahsil Amraoti. Defendant 4 was the occupant of S. No. 5/1 in the same field. She sold this field to defendants 1 to 3 on 17th December 1942 for Rs. 1200. Before the sale the plaintiff was served with a notice in terms of Section 176(1), Berar Land Revenue Code on 4th May 1942. A copy of the notice of sale was affixed to the choudi and the contents were proclaimed by beat of drum in the village on 6th November 1942.

(3.) HE challenged the validity of the notice as also the consideration of the sale deed dated 17th December 1942. The cause of action, according to the plaintiff, arose on 17th December 1942. Defendants 1 to 3 pleaded that the cause of action arose on 4th May 1942 and therefore the suit was barred by limitation under Section 182(3) of the Code. The period of limitation was 2 months.