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SABYASACHI BHATTACHARYYA, UDAY KUMAR
Rajyashree Chamaria – Appellant
Versus
Bidyapati Chatterjee – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been preferred by the plaintiff in a suit seeking a decree for partition upon declaration that the plaintiffs are jointly entitled to 50 per cent share of the suit properties, a decree declaring that the defendant never acquired right, title and interest in the entire suit properties on the basis of the Deed of Family Settlement dated December 24, 1997 and for other ancillary reliefs. By the impugned deemed decree, the plaint was rejected under Order VII Rule 11(d) of the Code of Civil Procedure only on the ground of limitation.
2. Learned counsel appearing for the appellant contends that in Paragraph No.23 of the plaint, the cause of action has been pleaded to be the refusal, in the month of March, 2010, of the plaintiffs’ claim of 50 per cent of the rent of the first floor of “Gayaram Building”, tenanted to the Life Insurance Corporation of India, and rent of ground floor room of “Ramapada Bhawan”, tenanted to Silver Arts, which were being collected by the defendants from the said tenants. The suit was filed in October, 2010, that is, within the limitation period of three years as contemplated under Article 59 of Part
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 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....
A suit for cancellation of a family settlement deed is subject to Article 59 of the Limitation Act, requiring action within three years of knowledge of the deed.
Legislature has not prescribed any period of limitation for filing a suit for partition because partition an incident attached to property and there is always a running cause of action for seeking pa....
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....
The main legal point established in the judgment is that a suit for partition can be barred by law and limitation if there is already a decree and final decree in place, and the plaintiff fails to en....
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.
A trial court must not reject a plaint due to limitations or merits without allowing the necessary factual determination, especially when a suit for partition can be filed upon arising cause of actio....
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