Law: Limitation Act (IX of 1908)

Section: 10,120

(a) Pre-emption-Limitation for suit----   ---Sale not effected by registered document, nor-possession taken under sale-Article 120 and not Art. 10 of Limitation Act, 1908 applicable-Limitation Act (IX of 1908), Arts. 10 & 120.   160 Punjab Record 1889 ref.   (b) Limitation Act (IX of 1908)-------   ----Art. 120-Period of limita tion-Runs from date of sale and not from (late when sale comes to knowledge of pre-emptor.   In a suit for pre-emption the right to sue accrues from the sale. It is therefore, the sale and not the knowledge of the sale which is the foundation of the right. If the knowledge of the sale is held to be at the root of that right, then period of limitation for suits for pre-emption would be considerably prolonged, and the purchasers would remain under the sword of pre-emption for an indeterminate period. There may be perhaps some justification for pleading knowledge of the sale for the purpose of limitation under Article 120, if by any fraud on the part of vendor or vendee sale is concealed from the view of the people but not otherwise.   93 Judicial Record 1917 and A I R 1931 Lah. 70 ref.   Date of hearing : 5th June, 1959.     JUDGMENT   By three unregistered sale deeds executed on 17-2-1941, 4-2-1942 and 4-3-1943, one Jamal sold an area of 3 Kanals and 14 , Marlas to Hamzullah for a sum of Rs. 369/8/0 and these sales were pre-empted by Jamil Khan and Balos by a suit instituted on 5-3-1953. The suit was dismissed by the Additional Sub-Judge, 1st Class, Peshawar by his judgment dated 18-6-1955, on the ground that it was time barred. On appeal, that decision was affirmed by the District Judge by his judgment dated 12-11-1955. The pre-emptors have now come to this Court on revision and the only point argued here is whether the suit was within or beyond time.   Pre-emption suits are governed by Article 10 of the Limitation Act which prescribed a period of one year for the enforcement of the right of pre-emption from the date:   " (a) When the purchaser takes, under the sale sought to be impeached, physical possession of whole of the property sold," or   " (b)…