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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ROBIN PHUKAN
Hardeep Singh Matharu, S/o. Late Dewan Singh – Appellant
Versus
Sukhjit Kaur, D/o. Late Sukhdev Singh & Late Balwant Kaur – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. A. Saikia, learned counsel for the petitioners and also heard Mr. M.J. Bordoloi, learned counsel for the respondents.
2. In this petition, under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908, the petitioners have challenged the order dated 09.10.2023 passed by the learned Civil Judge (Sr. Division), Jorhat, in Misc.(J) Case No.28/2019 in Title Suit No.21/2016.
3. Mr. Saikia, learned counsel for the petitioners submits that the respondents herein as plaintiffs instituted a title suit, being Title Suit No.21/2016 for declaration of alleged partition deed which may have been executed by the petitioners/defendants without the consent of the plaintiffs and proforma defendant No.9 or their mother is void ab initio and subsequent/alienation mutation on the strength of the said deed is void and liable to be cancelled and also for a decree for confirmation of right, title and interest of the plaintiffs and proforma defendant No.9 to the extent of 1/5th share in each and every dags of suit patta land/property as detailed in the schedule and for a decree for declaring plaintiffs’ and proforma defendant No.
Plaint rejection under Order VII Rule 11 upheld where averments admit knowledge of challenged partition deed since 2002, rendering 2021 suit barred by 3-year limitation under Article 59, without need....
A partition deed's validity cannot be challenged after the limitation period, especially when the party had prior knowledge; claims of fraud must also adhere to the same statutory timelines.
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 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....
In a partition suit, registered documents act as constructive notice, initiating the limitation period. Prolonged exclusive possession of ancestral property by a co-owner establishes ouster. Addition....
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