The matter was taken by way of appeal to the High Court by the vendees.
It was stated in the sale deed that the land was being sold together with a share in the village Shemlat Deh a share in certain houses and Taurs etc.
On February 12, 1960, the appellants who are minor sons of Gurbux Singh instituted a suit for possession by pre emption with their mother acting as their next friend.
On the companytrary the vendees has pleaded that the suit was bad as it was for partial pre emption.
had been excluded.
The suit was resisted by the vendees and the principal question which has to be decided was one of limitation which formed the subject matter of issue No, 4.
The trial judge held that since the subject matter of sale was a share in Shemlat Deh also which was number capable of physical possession, the second part of Article 101 of the Indian Limitation Act 1908, hereinafter called the Act, was applicable and the suit was well within one year.
The facts may be shortly stated.
An issue had been framed by the trial companyrt on that point, being issue No.
5A Karam Singh one of the vendees who appeared as D.W.4, stated apparently with reference to the aforesaid issue that the suit had number been filed for the entire property which had been sold and that the Shemlat, the abadi and some khesra number.
In the written statement filed by the vendors numberobjection was taken that the recital in the sale deed was by way of routine and in fact the share in the Shemlat land did number form the subject matter of sale.
By means of a deed June 6, 1958 which was registered on February 16, 1959 Gurbux Singh sold to Karam Singh and others land, measuring 214 bighas 3 biswas another in village Manakpur Shariff, Tehsil Kharar in Amabala District.
Grover, J. This is an appeal by certificate from a judgment of the Punjab High Court dismissing a suit filed by the appellants for possession by pre emption of certain lands.
