Law:

Section:

(a) Punjab Pre-emption Act (I of 1913) [since repealed]--- ----S. 21---Limitation Act (IX of 1908), First Sched., Art. 10---Suit for pre-emption filed under the Punjab Pre-emption Act, 1913---Limitation period---Scope---Article 10 of First Schedule to the Limitation Act, 1908 was bifurcated into two parts; where the purchaser took physical possession of the property; "or", where the instrument of sale had been registered---"First part" dealt with cases where the sale had taken place and possession of the sold property had been delivered to the vendee pursuant thereto---Period of limitation in such situation would start from the date of delivery of physical possession---In order to successfully defend a suit for pre-emption falling in this category on the point of limitation (if it was beyond one year from the date of delivery of possession) the defendant-vendee would be obliged to prove that physical possession was delivered prior to the date of execution of the registered sale deed---Object behind this was that the prospective pre-emptor must have notice that the sale had taken place and possession of the property had been delivered or that there was a change of possession---Such factum of possession, was considered to be adequate notice of sale of the property, enabling the pre-emptor to file a suit---Positive evidence had to be led by the vendee where the date of delivery of physical possession was different from the date of registration of the sale deed---Mere mention of delivery of possession in the sale instrument would not be a positive proof of such fact, which had to be independently established by the vendee when his defence of limitation was founded upon such fact---In those cases where possession had not been delivered and/or the sale deed had been executed but not registered as yet, a pre-emptor would have no notice that sale had taken place, thereby enabling him to exercise his right---In such cases the "first part" of Art. 10 of the Limitation Act, 1908 would have no application, rather the case(s) would fall within the "second part" of Art. 10 of Limitation Act, 1908---Period of limitation for cases falling in the "second part" of Art. 10 was…

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