NDLI: Murugan & Ors. Vs. Kesava Gounder (dead) Thr. Lrs. and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Decrees and instruments Limitation Act Arts.60 and 65 suit Hindu Minority & Guardianship 1963
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Guardians and Wards Act, 1890 (8 of 1890) Limitation Act, 1963 (36 of 1963) Indian Succession Act, 1925 (39 of 1925) Transfer of Property Act, 1882 (4 of 1882) Hindu Minority and Guardianship Act, 1956 (32 of 1956)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Limitation Act, 1963 – Arts.60 and 65 – Suit property belonged to one ‘PG’, who had two sons, ‘K’ and ‘B’ and three daughters –‘PG’ executed Will in 1971 bequeathing life interest to his sons ‘K’and ‘B’ and thereafter to the two male heirs of his sons – ‘PG’died – ‘B’ on his behalf and on behalf of his minor son ‘P’ sold certain portion of the suit property to defendants-respondents in 1981-82– ‘B’ died in 1983, his minor son ‘P’ died on 11.02.1986 –B’s wife executed registered Release Deed in 1986 in favour of the plaintiffs-appellants (sons of ‘K’) for consideration – Plaintiffs filed suit in 1992 on the ground that ‘B’ had no authority to execute the Sale Deeds on behalf of his minor son ‘P’ and the same were void –Defendants inter alia contended that the suit was barred by limitation as it was not filed within 3 years from the death of ‘P’, i.e. 11.02.1986– Suit decreed – Defendants filed appeal – Allowed – Plaintiffs filed second appeal in the High Court – Dismissed – Held: Part IVof the Limitation Act, dealing with suits relating to “Decrees and instruments”, contains Art.60 – Art.60 although provides for limitation of a suit but also clearly indicates that to set aside a transfer of property made by the guardian of a ward a suit is contemplated – Art.60(b)(ii) refers to a suit when a ward dies before attaining majority – Present is a case where ‘P’ died before attaining majority – Limitation to avoid instrument made by guardian of the ward is 3 years from the death of ward when he dies before attaining majority – Sale deeds by ‘B’ on his behalf and on behalf of his minor son ‘P’, executed without the permission of the Court were in contravention of s.8(2), 1956 Act and hence voidable – Sale deeds being voidable and not void, plaintiffs cannot rely on Art.65, period for limitation under which is 12 years – High Court rightly held that limitation for suit was governed by Art. 60 and the suit was barred by time – Alienations being voidable, were required to be set aside before relief for possession can be claimed by the plaintiffs –Suit filed by the plaintiffs without seeking prayer for setting aside the sale deeds was, thus, not properly framed and could not have been decreed – Sale deeds executed by ‘B’ were not repudiated or avoided within the period of limitation as prescribed by law – Hindu Minority & Guardianship Act, 1956 – s.8.Hindu Minority & Guardianship Act, 1956 – s.8(3) – Right under – Of the minor or any person claiming under him – Discussed.Words & Phrases - “Vested Right” and “Contingent Right” –Distinction between – Held: Vested right is the subject matter of s.19 of the 1882 Act while contingent interest is dealt with u/s.21 of the 1882 Act – Transfer of Property Act, 1882 – ss.19, 21.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 259
Petitioner	Murugan & Ors.
Respondent	Kesava Gounder (dead) Thr. Lrs. And Ors.
SCR	[2019] 4 S.C.R. 357
Judgement Date	2019-02-25
Case Number	1782

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Murugan & Ors. Vs. Kesava Gounder (dead) Thr. Lrs. and Ors.

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