Sheopujan Misra and Another vs Mangu Rai and Others

Lindsay, J.—This case has been decided by both the Courts below on a question of limitation. The finding of both the Courts is that the suit was filed beyond time, that is to say, more than one year beyond the date of the registration of the sale-deed.

The sale-deed was registered at Ghazipur on the 6th of October 1921. Only a very small portion of the property comprised in the deed was situated in Ghazipur. The rest of the property is situated in Ballia.

After registration at Ghazipur, the registration office at Ballia was informed of the registration and an entry was made by the Sub-Registrar of Ballia in his register on the 24th of November 1921.

The plaintiffs-pre-emptors argued that limitation ran only from the 24th of November 1921, that is to say, the date on which the entry was made in the Ballia register, but we think both the Courts below were quite right in holding that limitation began to run from the 6th of October 1921. That undoubtedly was the date on which the sale-deed was registered. The case may be one of great hardship to the plaintiffs-appellants but we have no doubt that the law has been correctly interpreted. We dismiss the appeal under Order 41, Rule 11, Civil Procedure Code.