Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1920 – Art.2(b) of the Schedule and ss.5 and 8 Punjab Limitation (Custom) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) Punjab Limitation (custom) Act (1 of 1920) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Punjab Limitation (Custom) Act, 1920 – Art.2(b) of theSchedule and ss.5 and 8 – Limitation of suits relating to alienationof ancestral immovable property – Gift Deed by one ‘U’ in favourof predecessor of the respondents in respect of the land in question– Suit filed by original appellant for declaration that the gift deedwas void – Suit disposed of in terms of the compromise wherein theoriginal appellant was to be given the land in question after thedeath of ‘U’ – Execution petitions filed by original appellant,dismissed – Eventually, original appellant filed fresh suit forpossession – Plea of respondents that the suit was barred bylimitation – Contested by appellants relying on the second part ofArt.2(b) of the 1920 Act as also s.14 of the 1963 Act – Held: Secondpart of Art.2(b) postulates that the time from which limitation periodwould commence to file a suit for possession would be the date onwhich the “declaratory decree is obtained”– In executionproceedings, mere passing of the judgment by Court is not enoughbut a decree has to be drawn on the basis of declaratory judgmentwhich is then put into execution – In the present case, even thoughthe declaratory judgment was pronounced in the previous suit on20th August ,1963, on the basis of compromise entered, thedeclaration could be given effect to only after the death of ‘U’–Decree being a conditional decree was enforceable only thereafter– Decree sheet drawn on 19th August, 1972 and the suit forpossession filed thereafter on 11th June, 1974, was thus, within theprescribed period of limitation in terms of Art.2(b) of the Scheduleof 1920 Act – Further, s.14 of the 1963 Act is also attracted in thepresent case and the tests specified in s.14 are satisfied for showingindulgence to the plaintiff to exclude the period during which theplaintiff pursued execution proceedings for reckoning the periodof limitation for filing the suit for possession – Trial Court and appellate court right in decreeing the suit in favour of the originalappellant by rejecting the objection regarding the suit being barredby limitation – Limitation Act, 1963 – ss.14, 29(2) and Art.136 –Limitation Act, 1908 – ss.4 to 25. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 283 |
Petitioner | Mohinder Singh (dead) Through Lrs. |
Respondent | Paramjit Singh & Ors. |
SCR | [2018] 7 S.C.R. 1027 |
Judgement Date | 2018-03-28 |
Case Number | 10222 |
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