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N. SESHASAYEE
VBHC Chennai Value Homes Private Limited, Bangalore – Appellant
Versus
Sridharan (Died) – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 25.02.2019 made in I.A. No.389 of 2018 in O.S. No.21 of 2013 on the file of District Court - II, Kanchipuram.)
1. The present revision is preferred by the third defendant in O.S.No.21 of 2013, which is now pending adjudication before the District Court, Kancheepuram. The suit is laid for a declaration that certain sale deeds dated 24.02.2009 and 10.02.2010 are void. The present revision petitioner has taken out an application in I.A. No.389 of 2018 for rejection of the plaint on the ground that the suit is barred by limitation.
2. The facts on either side are substantially admitted though not the inferences which each of the parties might project :
* A certain block of property measuring about 2.56 acres originally belonged to one Iyer Murali Swaminathan. On 15.11.2005, he sold it to the plaintiff, Sridharan. According to the plaintiff, he was abducted and was made to execute a Power of Attorney dated 24.02.2009 under which he nominated and constituted one R.V.Raajah as his Power Agent. This Raajah is arrayed as the first defendant. On the very day, Raajah had
The validity of the cancellation of the Power of Attorney and the involvement of fraud were central to the court's decision.
The cancellation of a power of attorney does not invalidate prior conveyances made under its authority, and limitation does not commence from the cancellation date.
A suit challenging a sale deed must be filed within the limitation period; failure to do so results in the suit being barred.
The court ruled that the plaintiffs had knowledge of the sale deed in 2014, making their 2019 suit barred by limitation.
Parties cannot waive the defense of limitation; a suit filed beyond the statutory limit must be dismissed, regardless of any concession from opposing parties.
The rights of legal heirs to pursue claims do not lapse upon the death of the original plaintiff, ensuring suits remain viable despite substitution under the Limitation Act.
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