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V. LAKSHMINARAYANAN
D. H. Sarath Kumar – Appellant
Versus
P. Krishnamurthy – Respondent
ORDER :
(V. Lakshminarayanan, J.)
(Prayer : Civil Revision Petition under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 25.04.2023 made in I.A.No.1 of 2021 in O.S.No.290 of 2018 on the file of the IV Additional District Court, Ponneri.)
This Civil Revision Petition arises against the order of the learned IV Additional District Judge, Tiruvallur at Ponneri in I.A.No.1 of 2021 in O.S.No.290 of 2018.
For the sake of convenience, the parties will be referred to as per their ranking in the suit.
2. O.S.No.290 of 2018 is a suit filed for
(b) Declaration declaring that the judgment and decree dated 04.03.1952 passed in C.S.No.57 of 1949 on the file of the Hon'ble High Court of Judicature at Madras as null and void and not binding on the plaintiff as far as item-2 of Part-1 of Schedule-2.
(c) Declaration, declaring that the sale deed dated 07.12.1964 bearing Document No.4992 of 1964 on the file of the Office of the District Registrar, Madras-North as null and void and not binding on the plaint
The court confirmed that a plaint must be accepted as true for determining cause of action and limitation, allowing the case to proceed to trial.
The court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
A suit filed to declare a sale deed null and void is barred by limitation if not filed within three years from the date of registration, and must disclose a valid cause of action.
A plaintiff asserting ownership based on historical rights and alleged partition must be permitted to pursue relief through trial when faced with disputed claims and questions of fact.
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