AIR 1939 ALLAHABAD 113

Allahabad High Court

Hon'ble Judge(s): Iqbal Ahmad , J

Limitation Act (9 of 1908) , S.18— Pre-emption - Small portion of land in another Tahsil included in sale deed along with property over which pre-emptor had right of pre-emption - Sale deed registered in such other Tahsil - To conceal fact of sale from pre-emptor, vendee not applying for mutation and neither getting possession nor recovering rent till after one year from registration - Vendee held guilty of fraud under Sec. 18-Pre-emptor held entitled to exclusion of such period. Vendor was residing in Tahsil A and the vendee and the pre-emptor were residing in Tahsil G. The laud situated in Tahsil G over which the pre emptor had the right of pre-emption was sold by the vendor to the vendee but with a view to conceal the fact of sale from the knowledge of the pre emptor, a very small piece of land which was not at all useful to the vendee but which was situated in Tahsil A was included in the sale deed only to facilitate the registration of the sale deed by the Sub-Registrar of Tahsil A. After the sale deed was so registered, the vendee did not apply for .mutation till after a year from the date of registration and did not take possession of the land nor realized the rent thereof till about a year after the registration : Held that the vendees were guilty of fraudulent concealment of the fact of sale from the pre-emptor and hence the pre-empto....