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2025 Supreme(SC) 1676

J. B. PARDIWALA, R. MAHADEVAN
Shanti Devi (Since Deceased) Through Lrs. Goran – Appellant
Versus
Jagan Devi – Respondent


Advocates appeared:
For the Petitioner(s): Mr. R. Bala Subarmanyam, Sr. Adv. Mr. Himanshu Sharma, AOR Mr. Arun Kumar, Adv. Mr. Varun Sharma, Adv. Ms. Kamlesh, Adv. Mr. Kunal Garg, Adv.
For the Respondent(s): Mr. Arjun Singh Bhati, AOR Mr. Tanmay Nagar, Adv. Mr. Shamli Verma,Adv. Mr. Mohit Yadav, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case involves a dispute over land ownership and the validity of a sale deed alleged to be fraudulent and void ab initio, with the court ultimately finding that the sale deed was not executed by the plaintiff and was therefore void (!) (!) (!) (!) .

  2. The plaintiff claimed ownership and possession of a share in the land, asserting that the sale deed was forged through impersonation and collusion, and that she never received any sale consideration (!) (!) (!) (!) .

  3. The defendant argued that the sale deed was validly executed, that the plaintiff was present during registration, and that the transaction was legal and supported by consideration, thus challenging the claim that the deed was fraudulent (!) (!) (!) .

  4. The courts found significant evidence indicating that the plaintiff did not execute the sale deed, including discrepancies in thumb impressions and the absence of her signature, leading to the conclusion that the deed was void ab initio (!) (!) (!) .

  5. The question of limitation was central, with the courts analyzing whether Article 59 or Article 65 of the Limitation Act applied. The courts ultimately held that since the sale deed was void ab initio, the suit for possession based on title was governed by Article 65, with a limitation period of 12 years, and that the suit was filed within this period (!) (!) (!) (!) (!) .

  6. The courts emphasized that a transaction executed without consideration or through fraud, impersonation, or collusion, and found to be void ab initio, does not require a separate declaration of nullity for the purpose of limitation; such documents are treated as non-existent in law (!) (!) (!) .

  7. The appellate courts, including the High Court, affirmed the findings that the sale deed was not executed by the plaintiff and that it was a null and void transaction, thus reinforcing that the plaintiff's claim to possession based on her ownership rights was valid and within the limitation period (!) (!) (!) .

  8. The legal principle established is that a person not a party to an instrument is not obligated to seek its cancellation but may instead assert that the instrument is invalid or void as against him, especially when it is executed fraudulently or without authority (!) (!) (!) (!) .

  9. The case underscores that a sale deed lacking consideration or executed through fraudulent means is a nullity, and such transactions do not affect the title or rights of the true owner, who can maintain a suit for possession within the applicable limitation period (!) (!) (!) .

  10. Overall, the courts dismissed the appeal, confirming that the suit was filed within the permissible limitation period and that the sale deed was invalid, thus upholding the plaintiff’s rights in the land (!) (!) .

Please let me know if you need further analysis or specific legal advice regarding this case.


Table of Content
1. summary of the case background (Para 2 , 3 , 4 , 5 , 6)
2. plaintiffs' allegations and suit details (Para 7 , 8 , 9 , 10)
3. defendant’s arguments against plaintiffs (Para 18 , 19 , 22)
4. court's interpretation of the limitation act (Para 24 , 25 , 27)
5. character of sale deed and its implications (Para 26 , 28 , 30)
6. conclusion and disposition of case (Para 29 , 39 , 40)

JUDGMENT :

1. Leave granted.

FACTUAL MATRIX

4. For the sake of convenience, the appellant-herein shall be referred to as the original defendant and the respondents-herein shall be referred to as the original plaintiffs.

6. The plaint of Civil Suit No. 782 of 1984 reads thus:

7. The written statement filed on behalf of the defendant reads thus:

8. The Trial Court framed the following issues:

9. All the above referred issues framed by the Trial Court came to be answered against the plaintiffs. The suit ultimately came to be dismissed vide the judgement and decree dated 14.10.1991.

    “Lastly the question of limitation has been raised in the present proceedings. As per the defendant the present suit should have been filed within three years of the sanction of mutation. He mainly reliance on 1996 (1) PLR 482 The

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