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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA
S.Gomathi – Appellant
Versus
S.Balasubramanian – Respondent
| Table of Content |
|---|
| 1. appellants challenge prior decree regarding settlement deed revocation. (Para 1 , 2 , 3) |
| 2. details of the settlement and its revocation. (Para 4 , 5 , 6) |
| 3. determination of limitation articles applicability. (Para 10 , 11) |
| 4. arguments regarding limitation applicability. (Para 12 , 13 , 14) |
| 5. final judgment and application of law. (Para 15 , 16) |
JUDGMENT :
P.T. ASHA, J.
1. The legal representatives of the defendants are the appellants before this Court.
2. The appeal arises in respect of the judgment and decree passed by the learned IV Additional Judge, City Civil Court, Chennai in A.S.No.238 of 2017 in and by which the learned Judge has reversed the judgment and decree passed by the XII Assistant Judge, City Civil Court, Chennai in O.S.No.6422 of 2013.
3. The suit is filed for the following relief:
“to declare the unilateral revocation dated 28.02.2006 Doc.No.832 of 2006 SRO; Anna Nagar, cancelling the settlement deed dated 14.07.2004 Doc.No.2934 of 2004 SRO; Anna Nagar is illegal, invalid, null and void not binding on the plaintiff”
4. The facts are set out in a nutshell below and the parties are hereinafter referred to in the same ranking as before the trial Court.
FAC
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....
The unilateral cancellation of the settlement deed by the parents is illegal and without jurisdiction. The cancellation of settlement deed by the parents is non-est in law. The suit filed in the year....
To strike off the suit - where the suit itself is an abuse of the process of the Court, the same can be struck off exercising the supervisory jurisdiction of this Court - when the subsequent suit was....
Unilateral cancellation of sale deeds is void; a suit for cancellation must follow legal procedures, and claims barred by limitation cannot be entertained.
The limitation period for challenging a deed starts from the date of knowledge, not from its execution, allowing the suit for partition to proceed.
A settlement deed requires acceptance by the donee to be valid, and unilateral revocation is not permissible if the deed has been acted upon. Additionally, rights conferred by a compromise deed can l....
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