Ujagar Singh vs Likha Singh - 1940 Supreme(All) 195

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1940 Supreme(All) 195

BRAUND
Ujagar Singh – Appellant
Versus
Likha Singh – Respondent

JUDGMENT

Braund, J. - This is a second appeal. It arises in this way. One Dhyan Singh, the father of the present plaintiff appellant, had occasion to bring a suit for pre-emption. On 18th January 1930 a decree was passed in favour 'of Dhyan Singh for pre-emption upon payment of a sum of Rs. 1500. This sum was payable as to Rs. 469 to the vendor, Gaya Singh, and as to Rs. 1031 to Likha Singh who was the original purchaser. The reason why those payments were to be made in that way was, apparently, that out of the original purchase price of Rs. 1500 a sum of Rs. 469 still remained due to the original vendor. There then follows the sequence of events which have given rise to this appeal. This appeal turns entirely on a point of limitation and it is, therefore, necessary to observe the dates with some care. The original decree was passed, as I have said, on 18th January 1980. The payments into Court were made immediately afterwards. In due course Likha Singh filed a first appeal against the pre-emption decree and on 9th January 1931, that appeal was allowed and a decree was passed dismissing the original suit. Now, at that point the position was that there was no pre-emption and, accordi

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