Jage Ram v. Roshan Lal

%12.02.2008 r ; , Present: Mr.P.S.Vats for the appellant +CM No.2121/2008 • For the reasons stated In the application order dated

24.1.2008 is recalled. The regular seco appeal is restored for hearing. ; v. RSA No.18/2008 , r 2;- ; . - 1-No substantial, question of . law, arises for consideration in the jnstant appeal, ! :

2.^ The appellant, as plaintiff, had filed a suit for cancellation of a sale deed dated 20.2.1996 inter alia alleging that the appellant -had not sold land cdrfiprised in Khasra Nos.64/28 and 29 and that in the sale deed said fact was wrongly recorded. - , ::X n n >

¶3The courts below have held that the suit is barred by limitation on account of the fact that when pursuant to the sale deed the: purchaser applied for mutation, appellant filed objections before , the revenue authorities on 31.5!l996. Objection was that the land in question had not been sold by the appellant to the person who was seeking mutation. Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. /

¶4Suit in question was filed on 12.7.1999.

¶5It is not in dispute that limitation to challenge a sale deed is 3 years reckoned from the date of knowledge. In the instant case knowledge was available with the appellant on

31.5.1996.

¶6The appeal is dismissed. February 12, 2008

PRADEEP NANDRAJOG, J. vg