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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Mantri Building Condominium – Appellant
Versus
Mantri Building Condominium – Respondent
| Table of Content |
|---|
| 1. details of property ownership and familial claims (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding limitation periods (Para 8 , 10 , 11 , 12) |
| 3. discussion on limitation act articles 59 and 109 (Para 14 , 15 , 19 , 22 , 24 , 25 , 26) |
| 4. evidence of the timing and context of the suit (Para 29 , 33) |
| 5. court's decision to reject the suit (Para 36 , 37) |
SANDEEP V. MARNE, J.
1) Defendant No.1-Condominium has filed the present Application seeking rejection of Plaint under the provisions of Order VII Rule 11 of the CIVIL PROCEDURE CODE , 1908 (the Code). According to Applicant-Defendant No.1, the Suit is hopelessly barred by limitation as the same challenges Declaration dated 1 October 2004 and Deeds of Apartment dated 4 November 2004, 6 November 2004, 10 November 2004 and 6 October 2005 and Deeds of Transfer dated 1 February 2005.
2) Plaintiffs’ case as pleaded in the Plaint is that they are children of late Mr. Sharad Madhavrao Gangla. By an Indenture dated 22 March 1921, Bombay Improvement Trust granted lease of land admeasuring 732.45 sq.mtrs bearing Plot No.61, Scheme No.4 of Gamdevi Estate and Cadastral Survey No.1655 of Girgaon Division together with buil
The suit regarding alienation of ancestral property is governed by Article 109 of the Limitation Act, allowing for a 12-year period, which was not adhered to, leading to its dismissal.
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
The limitation period for challenging registered sale deeds starts upon acquiring knowledge of the transaction, not merely from the registration date, reaffirming the necessity of trial for evidentia....
A suit for partition filed after the limitation period is barred; knowledge of exclusion triggers the 12-year limit under the Limitation Act. Ancestral property cannot be alienated unilaterally by a ....
The limitation period for challenging a deed starts from the date of knowledge, not from its execution, allowing the suit for partition to proceed.
The court emphasized that questions of limitation and cause of action are mixed issues of law and fact best resolved at trial, not at the application stage.
The limitation period for a suit for partition and declaration that certain sale deeds are not binding is under Article 109 of the Limitation Act, and it starts running from the date of possession of....
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