AIR 1914 LAHORE 520

Lahore High Court

Hon'ble Judge(s): Chevis, Shadi Lal , JJ

(A) Limitation Act (9 of 1908) , Art.128— Limitation for pre-emption suit against subseqaent vendees is six years from date of sale. The period of limitation in a pre-emption suit against the subsequent vendees is six years from the date of the sale in their favour: (B) Punjab Pre-emption Act (2 of 1905) , S.11 Proviso— The provison does not require residence in same viilege-Arora residing in another village can be regarded as member of vendor's tribe. Under the proviso to S. 11, Punjab pre-emption Act, 1905, the law does not make residence in the same village a sine qua non for success in a pre-emption suit and hence, in the case of a sale by one Arora, another Arora residing in a different village may be regarded as a member of the same tribe with the vendor: (C) Punjab Pre-emption Act (2 of 1905) , S.11— Mutation register is record within meaning of proviso to S. 11. A mutation register is a record within tho meaning of the proviso to S. 11, Punjab Pre-emption Act, and where A jamabandi has been destroyed, the Court will presume, under S. 114, Evidence Act, that proper entries in pursuance of the mutation order must have been made in the jamabandi. ....