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Kali Shanker Tewari Vs. Raghbar Dayal and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in9Ind.Cas.309
AppellantKali Shanker Tewari
RespondentRaghbar Dayal and ors.
Excerpt:
limitation act (ix of 1908), schedule i, article 10 - preemption--limitation from date of registration or date of mutation. - 1. the learned additional subordinate judge, who decided the suit out of which this appeal arises, does not appear to have his attention directed to the case of batulan v. mansoor ali 20 a. 315 affirmed by the privy council in batul begam v. munsur ali khan 24 a. 17 : 3 bom. l.r. 707 : 5 c.w.n. 888. we are bound by these decisions and according to them the suit brought by raghubar dayal is barred by limitation. we decree the appeal, set aside the decree of the court below and dismiss the suit with costs, which will in this court include fees on the higher scale.
Judgment:

1. The learned Additional Subordinate Judge, who decided the suit out of which this appeal arises, does not appear to have his attention directed to the case of Batulan v. Mansoor Ali 20 A. 315 affirmed by the Privy Council in Batul Begam v. Munsur Ali Khan 24 A. 17 : 3 Bom. L.R. 707 : 5 C.W.N. 888. We are bound by these decisions and according to them the suit brought by Raghubar Dayal is barred by limitation. We decree the appeal, set aside the decree of the Court below and dismiss the suit with costs, which will in this Court include fees on the higher scale.


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