SUKHNANDAN SINGH ETC versus JAMIAT SINGH & ORS.

SUKHNANDAN SINGH ETC versus JAMIAT SINGH & ORS.

There was no evidence for collusion; mere assistance by vendors or joint residence does not result in estoppel. Where part of land is in tenant's possession and does not admit of physical possession, limitation period for pre-emption suit starts from date of registration of sale deed under Article 10, Limitation Act, 1908.

Parties
Appellant: Sukhnandan Singh; Appellant: Sukhminder Singh; Appellant: Balkar Singh; Respondent: Jamiat Singh; Respondent: Gurminder Singh; Respondent: Gurpakh Singh; Respondent: Gurdas Singh; Respondent: Smt. Chand Kaur
Jurisdiction
India
Judgment Date
18 February 1971
Procedural Posture
Civil Appeal / Supreme Court Final Decision
Outcome
Appeal dismissed
Legal Topics
Pre Emption, Limitation, Collusion, Estoppel
Property Law Civil Procedure Pre Emption Limitation Collusion Estoppel

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Parties

Sukhnandan Singh

Appellant

Sukhminder Singh

Appellant

Balkar Singh

Appellant

Jamiat Singh

Respondent

Gurminder Singh

Respondent

Gurpakh Singh

Respondent

Gurdas Singh

Respondent

Smt. Chand Kaur

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Decision

Legal Issues

  1. 1 Whether the suit for pre-emption was collusive and results in estoppel of plaintiffs' right.
  2. 2 Whether the suit for pre-emption was within limitation under Article 10 of the Limitation Act, 1908.

Ratio Decidendi

There was no evidence for collusion; mere assistance by vendors or joint residence does not result in estoppel. Where part of land is in tenant's possession and does not admit of physical possession, limitation period for pre-emption suit starts from date of registration of sale deed under Article 10, Limitation Act, 1908.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs