Supreme Court of India · 1971-02-18
SUKHNANDAN SINGH ETC. vs JAMIAT SINGH & ORS.
- Citation / case number
- SC 1967/37
- Court
- Supreme Court of India
- Petitioner
- SUKHNANDAN SINGH ETC.
- Respondent
- JAMIAT SINGH & ORS.
- Bench
- DUA, I.D.
Judgment text excerpt
The Supreme Court held that in a pre-emption suit, the mere fact that the plaintiffs (sons of the vendors) were assisted by their fathers does not establish collusion, as there was no material evidence to support such a claim. The Court affirmed the appellate court's finding that the limitation period under Article 10 of the Limitation Act, 1908, starts from the date of registration of the sale deed, as physical possession of the entire property was not taken by the vendees at the time of sale. Consequently, the appeal was dismissed, upholding the right of the plaintiffs to pre-empt the sale.