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1981 Supreme(P&H) 124

S.S.SANDHAWALIA, G.C.MITTAL
Sardar Singh – Appellant
Versus
Dalip Kaur – Respondent


Judgment

GOKAL CHAND MITAL, J.

1. Whether for purposes of first part of Art.97 of the Limitation Act, 1963 , physical possession of the property sold would be deemed to have passed on the date of execution of the sale deed even if delivered earlier under the intended sale, is the sole point for consideration before us.

2. Mehar Singh sold 42 Kanals 18 Marlas of agricultural land to Sardara Singh and five others for a consideration of Rs. 42,900/-, by a sale deed dated 1st December, 1975, which was presented for registration on 3rd December, 1975, and was entered in the book of the Registrar on 4th December, 1975. Smt. Dalip Kaur, daughter of the vendor, filed a suit on 2nd December, 1976, to pre-empt the aforesaid sale. The vendees resisted the suit and besides denying that the plaintiff was the daughter of the vendor, pleaded that the suit was barred by limitation as possession of the property sold was taken on the day the sale deed was executed. On the contest of the parties various issues were framed, one of them being as follows:-

Whether the suit is barred by time? O.P.D.

The trial Court, by judgment and decree dated 7th May, 1979, found that the plaintiff was the daughter of t
























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