1. We think the learned District Judge has overlooked the effect of Section 47 of the Indian Registration Act (Act XVI of 1908). We think that, when registration of this deed was completed, it" operated from the date of the execution, namely, the 20th of January 1909. A right to sue accrued to the plaintiff from the date of the sale, and he was beyond time when he filed his suit on the 20th of January 1915, We allow this appeal, set aside the order of the lower Appellate Court and restore the decree of the first Court dismissing the plaintiffs claim as barred by limitation. The defendants-appellants in this Court will get their costs in all the three Courts.
Bindeshri And Another v. Babu Somnath Bhadry And Others
Bindeshri And Another v. Babu Somnath Bhadry And Others
(High Court Of Judicature At Allahabad)
| 13-03-1916
Advocate List
Bench
- HON'BLE JUSTICE WALSH, J
- HON'BLE JUSTICE PIGGOTT, J
Eq Citations
- 35 IND. CAS. 347
- AIR 1916 ALL 199
- LQ/AllHC/1916/92
Head Note
Limitation — Limitation Act, 1908 — S. 14 — Date of accrual of cause of action — Effect of registration of deed — Held, when registration of deed was completed, it operated from date of execution — A right to sue accrued to plaintiff from date of sale, and he was beyond time when he filed his suit — Civil Procedure Code, 1908 — S. 3 — Indian Registration Act, 1908, S. 47
