Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Act 1963- Article 59 of the Schedule |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Limitation Act 1963-Article 59 of the Schedule-Applicability of-X not party to a decree-Claims title through Y who was a party to the decree-Suit by X for setting aside the decree-If Article 59 is applicable. Specific Relief Act, 1963-Section 31-Person-Meaning of-Whether includes person seeking derivative title from seller. Transfer of Property Act, 1882-Section 3 Explanation II and S 55(1)-Constructive notice-Meaning of. The petitioner had bought the suit land benami in the name of one R (who was his brother-in-law) on December 1,1959. The respondents filed suit No. 220/69 for partition of the suit land. A preliminary decree was passed in the said suit on January 22, 1973 and final decree was passed E on February 9, 1974. R was a party to the said suit and be had produced the sale deed dated December 1, 1959 in the said suit. The petitioner obtained another sale deed dated September 6, 1980 and filed a suit for declaration in 1981 claiming that the preliminary as well as final decree passed in T.S. No. 220/69 were illegal and collusive and F did not bind him as he was not a party to the said suit. The petitioner claimed that as he was not a party to decrees passed in T.S. 220 of 1969, Article 59 of the Schedule of the Limitation Act, 1963 was inapplicable and Article 113 of the Schedule was applicable. The petitioner further claimed that under Article 113 of the Schedule of the Limitation Act, 1963 the period of limitation begins to run from the date right to sue accrues which in the case of the petitioner would be June 17, 1981. when the possession was sought to be taken from him. The Trial Court decreed the suit of the petitioner but the District court set aside the order of the Trial Court on the ground that the petitioner had constructive knowledge of the preliminary as well as the final decree through his benamidar who was a party to the said decrees and therefore, the suit filed in 1981 was barred by limitation. The High Court affirmed the judgement and order of the District Court. Hence this Special Leave Petition. Dismissing the special leave petition |
Judge | N/A |
Neutral Citation | 1995 INSC 821 |
Petitioner | Md. Noorul Hoda |
Respondent | Bibi Raifunnisa And Ors. |
SCR | [1995] Supp. (6) S.C.R. 110 |
Judgement Date | 1995-12-01 |
Case Number | 25847 |
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