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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Vishwambara Educational Society – Appellant
Versus
Donti Indrasena Reddy @ Indra Reddy S/o Venkat Reddy – Respondent
JUDGMENT:
This Appeal is filed aggrieved by the judgment and decree dated 08.09.2023, passed by the I Additional District Judge, at Warangal, in A.S.No.10 of 2023, whereby and whereunder the order, dated 23.01.2023, passed by the Principal Junior Civil Judge, Warangal, in I.A.No.499 of 2022 in O.S.No.284 of 2012 was set aside.
2. The appellants herein are the defendants and respondent herein is the plaintiff in the suit, before the trial Court. For convenience, hereinafter, the parties are referred to as they are arrayed in the suit.
3. The brief facts of the case are that plaintiff filed suit in O.S.No.284 of 2012 against the defendants, seeking cancellation of the registered sale deed bearing document No.234/2001, dated 14.05.2001 and also for perpetual injunction in respect of the suit schedule property. In the plaint, it is averred that plaintiff is the owner of land in Sy.No.521/B, to an extent of Acs.2.24 gts, situated at Bollikunta Village, Warangal District (hereinafter referred to as ‘suit schedule land’); that defendant No.1-Educational Society is running college which is situated towards eastern side of the suit schedule property; that defendant No.2, who is a relative of p
The court ruled that fraud claims, as a mixed question of law and fact, require a full trial and cannot solely determine a suit's rejection based on limitations.
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
Limitation for filing a suit based on fraud begins from the date of knowledge, not the date of registration of the deed.
Allegations of fraud prevent the rejection of a plaint under limitation laws, necessitating full trial for claims based on such allegations.
The presumption of validity of registered documents requires specific fraud allegations to extend the limitation period, which were absent in this case, leading to the dismissal of the suit.
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