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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, J
Manikant Choudhary Son Of Krityanand Choudhary – Appellant
Versus
Binod Kumar Choudhary Son Of Late Madin Choudhary. – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. Heard the learned counsel for the appellant.
2. This appeal has been filed against the judgment and decree dated 6.01.2020 (Decree signed on 21.01.2020) passed by learned District Judge I, Deoghar in Title Appeal No. 27 of 2004 whereby the appeal has been dismissed and the learned appellate court has affirmed the judgment and decree dated 26.07.2004 (Decree signed on 07.08.2004) passed by the court of learned Sub Judge II, Deoghar in Title Suit No. 88 of 2000.
3. The suit was filed seeking a declaration and the cancellation of registered deed of family arrangement vide deed no. 207 dated 29.06.1977 and also for permanent injunction against the defendants and restraining the defendants from any act on the basis of the said deed.
4. The learned counsel for the appellant has submitted that the only substantial question of law which is involved in this case is-
Whether the suit could be said to be time barred?
5. It is submitted that it was the specific case of the appellant that though the deed of family arrangement was registered way back as on 29.06.1977 but the plaintiff had come to know about it subsequently and obtained the certified copy and fil
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.
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 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 document creating a future division of property does not require registration and is admissible; previous partition must be proven by clear evidence to validate a sale deed executed beyond lawful s....
Family settlements are binding and enforceable even if not registered; parties must challenge prior arrangements within limitation periods to maintain claims.
The court ruled that the limitation for a suit to cancel a deed starts on the date the plaintiff became aware of the revocation, emphasizing Article 59 stipulates a three-year window for such actions....
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 court upheld the validity of a registered adoption deed, emphasizing that the suit challenging it was barred by limitation as it was filed 33 years after the plaintiffs gained knowledge of the ad....
The judgment emphasizes the importance of evidence in establishing fraud and misrepresentation, the definition of family for the purpose of family settlement, and the requirement of compulsory regist....
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