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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
Vanajakshi D/o Ramareddy – Appellant
Versus
Syed Sulaima Saheb S/o Syed Mohammed Saheb – Respondent
ORDER :
1. This civil revision petition is filed challenging the order passed by the Trial Court, dismissing the application filed by the petitioner, seeking rejection of plaint on the ground of limitation.
2. Though notice served on the respondents and their names appear in the cause list, there is no representation for them.
3. The respondents herein/plaintiffs filed a suit in O.S.No.54 of 2016 for declaration of title and injunction. They also sought for declaration, declaring the sale deeds executed by the defendants 1 and 2 dated 21.01.1988, pursuant to the power deed were null and void and not binding on the plaintiffs.
4. According to the respondents/plaintiffs, the suit property is their ancestral property. The first plaintiff is father and other plaintiffs are his children. It is stated in the plaint that the plaintiff received a hand loan of Rs.20,000/- from the first defendant for family necessity and at that point of time, the first defendant obtained General Power of Attorney from the plaintiffs, regarding the suit property. Even though the plaintiffs repaid the loan amount of Rs.20,000/- to the first defendant within one year, the first defendant failed to cooperate for c
A suit challenging a sale deed must be filed within the limitation period; failure to do so results in the suit being barred.
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.
The court established that limitation issues can involve mixed questions of law and fact, which cannot be resolved at the preliminary stage of proceedings.
The court clarified that knowledge of encroachment does not imply knowledge of a sale deed, impacting the limitation period for filing a suit.
Issues of limitation in civil suits must be resolved through evidence, preventing dismissal of plaints at an early stage based solely on claims of knowledge.
The court ruled that the plaintiffs had knowledge of the sale deed in 2014, making their 2019 suit barred by limitation.
The question of limitation in civil suits is a mixed question of law and fact, requiring evidence to determine the plaintiff's knowledge of essential facts.
Parties cannot waive the defense of limitation; a suit filed beyond the statutory limit must be dismissed, regardless of any concession from opposing parties.
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