eng
competition

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Mynotes_247 MP HIGH COURT JJA ENGLISH TYPING MOCK TEST

created Dec 13th, 16:11 by Anamika Shrivastava


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350 words
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This is a defendant-vendees appeal arising out of a pre-emption suit. The sale deed sought to he pre-empted was executed and registered on 28th February 1935. The suit giving rise to the present appeal was however not filed within one year of the date of registration of the deed and accordingly the vendees contested the suit inter alia on the ground that it was barred by limitation. The plaintiff, on the other hand claimed the benefit of the provisions of Section 18, Limitation Act, land contended that he was kept from the knowledge of the right to institute the suit by fraud practised by the vendees and that he came to know of the sale within one year of the date of the suit. The Courts below accepted the allegations of the plaintiff on the point and overruled the plea of limitation raised by the vendees. In the present appeal the finding of the lower Appellate Court on the question of limitation is assailed. The property sold was some arazidari property in village Majar Buzurg and 2 karies land in Azamgarh. Majar Buzurg is within the jurisdiction of the Sub-Registrar of Ghosi whereas the Sub-Registrar of Azamgarh had jurisdiction to register a transfer with respect to the land in Azamgarh. The vendor was a resident of Azamgarh and the vendees were the residents of a village in Pargana Ghosi. The sale deed was presented for registration before the Sub-Registrar of Azamgarh and was registered by him. After registration the Sub-Registrar of Azamgarh, according to the rules, conveyed information about the transfer of arzidari in Majar Buzurg to the Sub-Registrar of Ghosi. The plaintiff had no right of pre-emption with respect to 2 karies land in Azamgarh and he sought to pre-empt only the sale with respect to the arazidari in Majar Buzurg. The plaintiff relied on a variety of circumstances in support of his assertion that the vendees had fraudulently concealed the fact of transfer from him. His case wag that the 2 karies land in Azamgarh was of no use to the vendees and they purchased that land simply

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