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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Ram Kumar (Deceased) through LRs – Appellant
Versus
Sh. Yad Ram – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
CM-6-C-2018
This is an application under Section 5 of the Limitation Act to condone the delay of 36 days in filing the appeal.
Heard.
For the reasons as mentioned in the application, supported by an affidavit of one of the LRs of the appellant, the delay of 36 days in filing the appeal is hereby condoned.
The application stands disposed of.
RSA-3-2018
Suit for possession by way of pre-emption of the suit land filed by plaintiff- Ram Kumar (Appellant herein through his LRs) was dismissed by the trial Court of Ld. Civil Judge (Sr. Divn.), Yamuna nagar vide judgment dated
2. Plaintiff sought to pre-empt the sale deed dated 13.01.2006 in respect of land comprised in khasra No.404, as per details given in the plaint, situated in revenue estate of village Radaur, Tehsil Jagadhri, District Yamunanagar. Yad Ram – the vendor was impleaded as defendant No.1 (respondent N: 1 herein); whereas one Balak Ram was impleaded as defendant No.2 and it was
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 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 ....
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 court reinforced that the burden of proving sufficient cause for delay lies with the appellant, and ignorance of a judgment is insufficient for condonation.
The appellate court upheld that plaintiffs' title validly established, and amendments to pleadings for possession did not change the suit's nature, ensuring compliance with statutory limitation.
The court clarified that knowledge of encroachment does not imply knowledge of a sale deed, impacting the limitation period for filing a suit.
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