Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Person under Disability Limitation |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Limitation Act, 1963 : Sections 6, 8, 27 and 60. Person under Disability - Limitation period for such a person - Combined effect of Sections 6 and 8 read with third column of the appropriate article is that a person under disability may sue after cessation of disability within the same period as would otherwise be allowed from the time specified therefor in the third column of the schedule - But such extended period would not be beyond three years from the date of the cessation of the disability. Land purchased on 6.2.1953 - Vendee (plaintiff) filed a suit of trespass in 1971 against the brother of vendor (appellant) - At the time of sale the said brother was a minor - High Court held on account of limitation the appellant could not have filed any suit for recovery of possession and the plaintiff had perfected title to the property by virtue of Section 27 of the Limitation Act - Appeal before this Court - Held in the present case the maximum period of limitation available to the appellant was only three years from the date of his attaining majority, in other words, cessation of the disability - Consequently the right to file a suit of the appellant got expired at the end of three years from the date of his attaining majority, whether it was 1963 or 1966 - The view taken by the High Court is correct. |
Judge | N/A |
Neutral Citation | 1999 INSC 35 |
Petitioner | Bailochan Karan |
Respondent | Basant Kumari Naik And Anr. |
SCR | [1999] 1 S.C.R. 345 |
Judgement Date | 1999-02-02 |
Case Number | 2595 |
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