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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Mahender Singh – Appellant
Versus
Sukhdev Singh (Deceased) Through Lrs. – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the plaintiff-appellant challenging the judgment and decree dated 11.01.1995 passed by the First Appellate Court whereby the appeal filed by the defendant-respondent challenging the judgment and decree dated 16.11.1991 passed by the Trial Court was allowed.
2. Brief facts relevant to the present lis are that the plaintiff-appellant herein filed a suit for possession by way of pre-emption in respect of land measuring 7 kanals as detailed in the plaint. It was the case set up by the plaintiff-appellant that the original vendor - Labh Singh son of Gajjan Singh - sold the suit land to the defendant-respondent vide sale deed dated 13.10.1988 for a consideration of Rs.30,000/- but to defeat the plaintiff-appellant's right of pre-emption, the defendant-respondent got a fictious amount of Rs.50,000/- as sale consideration mentioned in the sale deed. It was further averred that the possession of the suit land was delivered to the defendant-respondent on the spot. It was further the case set up that the plaintiff-appellant being a co-sharer in Khewat No.521 Sq. No.24 as per Jamabandi for the year 1983-84, had a superior right to
Limitation for right of prior purchase commences from physical possession, not sale date.
The plaintiff's right to pre-emption was barred by limitation as per Article 97 of the Limitation Act, with amendments to parties not altering the original filing date without explicit court order.
The starting point of limitation for filing an application for pre-emption under Article 97 of the Limitation Act, 1963 is determined by the possession of the property sold and the completion of regi....
The main legal point established in the judgment is that a suit challenging a sale deed must be filed within the limitation period prescribed by the Limitation Act, and suppression of material facts ....
A tenant must demonstrate continuous entitlement to pre-empt a sale on specific key dates; failure to do so invalidates the claim.
Right of pre-emption, being a weak legal entitlement, can be defeated by all lawful means if the transaction is deemed a sham transaction.
The right of pre-emption is a weak right and can be defeated by legitimate means, including proving a transaction as a sham intended to defraud the opposing party.
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