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Umrao Beg Vs. Mukhtar Beg and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1919All329(1); 50Ind.Cas.80
AppellantUmrao Beg
RespondentMukhtar Beg and ors.
Excerpt:
limitation act (ix of 1908), schedule i, article 10 - pre-emption suit--sale of fractional shares of zemindari--physical possession, whether possible--limitation. - - 1. this suit was clearly instituted after the expiration of one year from the date when the sale-deed was registered. that being so, the suit was clearly barred by time and the decision of the court below was correct......with.....
Judgment:

1. This suit was clearly instituted after the expiration of one year from the date when the sale-deed was registered. The subject-matter of the sale were fractional shares of Zemindari situate in several different khatas. Article 10 of the Limitation Aot provides that a suit to enforce a right of pre-emption must be brought within one year and the time commences to run from the time when physical possession of the whole of the property sold is taken, or (where the subject of the sale does not admit of physical possession) when the instrument of sale is registered. In our opinion this property, being of the nature above described, was not capable of being taken, 'physical possession of' within the meaning of that expression in Article 10 of the Limitation Act. That being so, the suit was clearly barred by time and the decision of the Court below was correct. We dismiss this appeal with costs.


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