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2016 Supreme(Del) 3214

VALMIKI J.MEHTA
Mukesh Kumar – Appellant
Versus
Pavitra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Arvind Pandey, Mr. Sanjay Sharma

JUDGMENT :

Valmiki J. Mehta, J.

1. This Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugning the concurrent Judgments of the courts below; of the Trial Court dated 21.12.2013 and the First Appellate Court dated 16.9.2015; by which the courts below have dismissed the suit filed by the appellants/plaintiffs/sons for cancellation of the Sale Deed dated 15.12.2004 executed by their father/defendant no.2/respondent no.2 in favour of their mother defendant no.1/respondent no.1. The courts below have dismissed the suit as being barred by limitation which was the subject matter of issue no.2 by holding that the Sale Deed which is sought to be cancelled is dated 15.12.2004, and the suit is filed on 24.2.2009, i.e. after a period of three years and hence the suit is barred by limitation. Since the Sale Deed dated 15.12.2004 was registered on 4.1.2005, the courts below have held that there is deemed notice of this registered sale deed to the plaintiffs/appellants and suit filed three years after 4.1.2005 is barred by limitation.

2. The facts of the case are that the appellants/plaintiffs are the sons of defendants/respondents. There are disputes a

































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