Law:

Section:

Limitation Act (IX of 1908), S. 18-Fraud-Limitation-Con­tinued description of vendee in revenue records as lessee and not as vendee-Could not amount to fraud on part of vendee-Nothing alleged in plaint or at trial to show vendee having in any manner falsified revenue records-Sale having been registered duty lay on Registrar to send necessary intimation to Collector for incorporating sale in revenue records-Such processes if not carried out by officials concerned, omission can not amount to fraud on vendee's part-Petitioner's suit held rightly dismissed as not covered by provisions of S. 18, Limitation Act, 1908. The only fraud alleged by the petitioner was that in the revenue records the vendee continued to be described as a lessee and not as a vendee. It will be seen that the wrong description of the vendee in the revenue records could not amount to fraud on the part of the vendee, as he was not the person who had to make the necessary entry of sale in the revenue records. Nothing was alleged in the plaint or at the trial to show that the vendee had in any manner falsified the revenue record. It is common knowledge that once a sale has been registered, the duty lies upon the Registrar of documents to send the necessary intimation to the Collector of the district who is then responsible for incorporat­ing the sale in the revenue records of the village concerned. If these processes were not carried out by the official functionaries, it could hardly be said that their omissions amounted to fraud on the part of the vendee. Tilkdhari Lai and another v. Khedan Lai and others A I R 1921 P C 112 and Mst. Zamrut v. Abdul Wahid P L D 1964 Posh. 224 ref. ORDER ANWARUL HAQ, J.-The petitioner's suit for possession of certain agricultural land by pre-emption was dismissed by the trial Court on the ground of limitation, as the sale had been registered on 18-5-1962, whereas the suit was filed on 12-2-1969. This finding has been upheld in first and second appeals respectively, by the learned District Judge, Sialkot and a learned Single Judge of the Lahore High Court. It is submitted by the learned counsel that all the Courts below have fallen in error in not allowing to the…

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