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1999 Supreme(SC) 824

B.N.KIRPAL, G.T.NANAVATI, S.P.BHARUCHA
MADHUKAR VISHWANATH MUNJE – Appellant
Versus
MADHAO – Respondent


Judgement Key Points

- The period for limitation to set aside a transfer of property made by the guardian of a ward who has attained majority is three years under Article 60 of the Limitation Act. (!) - There is a discussion on whether Article 65 or Article 60 applies depending on whether the suit seeks possession based on title or a declaration that the alienation was not for legal necessity; the judgment emphasizes Article 60 for setting aside such transfer. (!) (!) - The suit filed by the appellant contended there was no legal necessity for the alienation; the court held that the plaint should plead for a declaration that the alienation was bad in law, and possession would be a consequential relief, with Article 60 applying. (!) (!) - The defendants argued for Article 65 (twelve-year period) for possession based on title; the court did not accept this as applicable given the pleadings. (!) (!) - The civil appeal was dismissed; the period elapsed well beyond three years from attainment of majority. (!)

What is the period of limitation to set aside a transfer of property made by the guardian of a ward who has attained majority?

What is the appropriate Article of the Limitation Act applicable to a suit challenging alienation by a guardian where legal necessity is in question?

What constitutes the proper pleadings and relief (declaration that alienation is bad in law) in such a suit, and which Article governs the period of limitation for that relief?


( 1 ) A reference to a larger Bench has been made in this case but, having gone into the facts, we find it to be unnecessary.

( 2 ) THE appellant was born on 22-8-1948 and attained majority on 26 (sic 22)-8-1966. By this time his parents and his only brother had died. His maternal uncle, Baburao Madhorao Puranik became the appellants de facto guardian and, as such, transferred immovable property belonging to the appellant to Respondents 2 to 6 and one other. On 7-2-1973, the appellant filed a suit praying that Defendants 2 to 7, the transferees, be required to deliver to him possession of the said property and for incidental reliefs. Baburao was the first defendant to the suit. In para 4 of the plaint the appellant set out the total income derived from the said property and pleaded that it was more than sufficient for his maintenance. Accordingly, he submitted in para 5 that there was no legal necessity to transfer any portion of the said property for his maintenance. The alienation thereof, he averred, was not for legal necessity and was not binding on him. In the written statement filed on behalf of the transferees, it was pleaded that there was legal necessity for the alienation




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