SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1994 Supreme(SC) 837

K.RAMASWAMY, M.N.VENKATACHALIAH
Darshan Singh – Appellant
Versus
Gurdev Singh – Respondent


Advocates:
Ashim Vachar, Bharati Anand, HARDEV SINGH, MADHU MULCHANDANI, MOHIT MATHUR, S.PRASAD RAO

JUDGMENT

Leave granted.

2. The appeal arises from the judgment and decree dated March 2, 1994 in R.S.A. No. 31/87 of Punjab and Haryana High Court. The respondent filed the suit for possession on November 4, 1982. Admittedly, he was a minor at the time of the death of his father. It is also an admitted fact that he attained majority on April 17, 1977. He filed the suit for possession of the plaint schedule property within 12 years under Article 65 of the Schedule to the Limitation Act, 1963, Act 21 of 1963 (for short the Act). It is contended for the appellant that the suit ought to have been filed within three years from the date of cessation of respondents disability but it was filed beyond three years and that, therefore, the suit is barred by limitation. A conjoint reading of Ss. 6(1) and 8 of the Act shows that where a person is entitled to institute a suit, the limitation begins to run for a minor or insane, or an idiot to institute the suit be within the same period after the disability has ceased as would otherwise have been allowed from the time specified therefor in the 3rd Column of the Schedule i.e. 3 years from the date of cessation of disability. We find force in the c







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top