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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. AHLUWALIA
M.P.State Financial Corporation – Appellant
Versus
Munnidevi – Respondent
| Table of Content |
|---|
| 1. ownership and possession dispute details. (Para 1 , 2 , 3 , 4) |
| 2. examination of fraud allegations and mortgage details. (Para 5 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. contention on limitation barring suit. (Para 7 , 8) |
| 4. legal standards for notice receipt arguments. (Para 18 , 19 , 20 , 21 , 22) |
| 5. presumptions concerning notice service standards. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 6. determination of notice receipt and fraud implications. (Para 29 , 30 , 31 , 32) |
| 7. suit barred by limitation established. (Para 35 , 36) |
| 8. final judgment and outcome. (Para 37 , 38 , 39) |
ORDER :
G. S. AHLUWALIA, J.
This second appeal, under section 100 of CPC, has been filed against the judgment and decree dated 4/8/2010 passed by IV Additional District Judge, Morena in Civil Appeal No.1A/2010, as well as, judgment and decree dated 20/11/2009 passed by II Civil Judge Class I, Morena in Civil Suit No.12A/2008.
2. Appellant is defendant, who has lost his case from both the Courts below.
3. Facts necessary for disposal of present appeal, in short, are that plaintiff Munni Devi filed a civil suit for declaration of title and permanent injunction by pleading inter alia that she is the owne
A suit may be barred by time if filed beyond the statutory limit after the plaintiff has been notified of the relevant facts, with notice service presumed upon proper address and postage.
The court ruled that the plaintiff's suit was timely as she only discovered the fraudulent sale deed in October 2023, emphasizing that limitation is a mixed question of fact and law.
(1) There is presumption that a registered document has been validly executed – Registration of a document gives notice to public about such registration.(2) A person cannot after an indefinite perio....
Point of law: Negotiable Instruments – Notice - When a sender has dispatched notice through registered post to correct address written on it, Section 27 of General Clauses Act could be profitably imp....
Limitation for filing a suit based on fraud begins from the date of knowledge, not the date of registration of the deed.
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