AVTAR SINGH Vs. HAZURA SINGH

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and decree of the Additional District Judge, Bhatinda, dated Sept. 10, 1974, by which the decision of the trial Court was reversed and the plaintiff-appellant's suit for possession was dismissed.

(2.) IT may be pointed out here that there was some delay in the fling of the appeal and as such an application under Section 5 of the Limitation Act was fi1ed praying for condonation of the delay. The Bench admitting the appeal observed that the application under S. 5 will be heard along with the appeal. I find that the delay in the filing of the appeal was due to the illness of the appellant. As such, the application for condonation of delay is not opposed by the learned counsel for the respondents. Accordingly, the delay in filing of the appeal is condoned.

(3.) THE sole point for determination in this appeal is whether the defendants numbers 1 to 6 are entitled to the protection of Section 41 of the Transfer of Property Act (hereafter referred to as the Act') in absence of making inspection of record in the registration office.