AIR 2005 PUNJAB AND HARYANA 174 ::(2005) 4 CivLJ 231 ::(2005) 2 RecCivR 331 ::2005 (2) Pun LR 253 ::(2005) 32 AllIndCas 290 (P&H) ::2005 (32) AllIndCas 290 ::(2005) 1 CurLJ(CCR) 501

Punjab And Haryana High Court

Hon'ble Judge(s): V. M. Jain , J

(A) Limitation Act (36 of 1963) , Art.97— Suit for possession by way of pre-emption - Limitation - Plaintiffs Tenants claiming right of pre-emption in respect of suit land - Sale deed in respect of suit land was impounded on account of payment of deficit stamp duty - Registration of sale deed was completed subsequently only when sale deed was released - Limitation would therefore start from date when sale was released and delivered. (Para 5) (B) Punjab Pre-emption Act (1 of 1913) , S.21— Suit for possession by way of pre-emption - Plaintiffs had inherited share of deceased, their predecessor in interest and were lessees over suit property - There was oral and documentary evidence to prove that plaintiffs were lessees - In original lease deed, there was mention that lessees could transfer leasehold rights - Plaintiffs being transferees/legal heirs of transferees would certainly be lessees over suit land - They had therefore right to pre-empt sale. (Para 6 7) .....