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G. ARUL MURUGAN
Padmanabha Reddiar (Died) – Appellant
Versus
Padmini Ammal(Died) – Respondent
JUDGMENT :
Common Prayer: These Second Appeals are filed under Section 100 of CPC, 1908 against the decree and judgment dated 10.04.1996 in AS.No.83 and 57 of 1995, on the file of the Principal District Court, Pondicherry, reversing the decree and judgment date 16.03.1995, in O.S.No.221 of 1990, on the file of the Principal Subordinate Court, Pondicherry.
1. The unsuccessful plaintiffs had filed the above second appeals.
2. The 1st and 2nd respondents are the 1st and 2nd defendants in the suit.
3. Pending the appeals, the 1st and 2nd Appellants died and 3rd to 5th Appellants are brought on record as LRs of the Deceased 2nd Appellant Viz., Durairaj. 6th and 7th Appellants along with Respondents 10 to 14 are brought on record as LR's of the Deceased 1st Appellant Viz., Padmanaba Reddiar.
4. Pending the appeals, the 1st and 3rd respondents also died and R3 to R9 are brought on record as LR's of deceased 1st Respondent and Respondents 15 to 18 are brought on record as LR's of the deceased 3rd respondent Viz., K.Srinivasan.
5. For the sake of convenience, the parties are referred to as per the ranking before the Trial Court.
6. According to the plaintiffs, the suit properties are land properti
The court affirmed that a sale deed cannot be rescinded on lesion grounds without proof of undervalue or timely action, and the suit was barred by limitation under the Limitation Act, 1963.
The sale deed must be executed for proper valuable consideration, and illusory causes of action to overcome limitation are impermissible.
The principles of lesion under the French Civil Code require a plaintiff to establish a prima facie case of undervalue within a two-year limitation period, which the plaintiffs failed to do in this c....
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
Claims regarding property must be filed within statutory time limits; failure to act timely extinguishes rights, making the suit an abuse of legal process.
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.
The suit was filed after a delay of 28 years and no genuine cause of action was found from the plaint, leading to the dismissal of the appeal.
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