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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI, J
Murugaiyan rep. by power of attorney L.Hiriharan – Appellant
Versus
M.Ramalaingam – Respondent
ORDER :
This Civil Revision Petition has been filed against the fair and decreetal order, dated 06.07.2024 passed in I.A.No.2 of 2023 in O.S.No. 75 of 2021 on the file of the District Munsiff, Pattukkottai.
2. The revision petitioner herein is the first defendant and the respondent herein is the plaintiff in the above suit. For sake of convenience the parties are referred to as per their ranking before the trial Court.
3. The respondent as plaintiff filed the above suit in O.S.No.75 of 2021 before the District Munsif Court, Pattukkottai for declaring the sale deed, dated 26.11.1981 registered as document No.115 of 1981 as null and void in respect of the suit property and not binding on the plaintiff. Further, to grant the relief of permanent injunction restraining the first defendant and his men from in any way interfering with the plaintiff's possession and enjoyment of the suit property. The case of the plaintiff is that the suit properties and other extents originally belong to one Rajagopal Naidu. The said Rajagopal had right only in 31 Cents out of the total extent of 44 Cents in S.No.65B/5A. The said Rajagopal during his life time had executed a registered Will, dated 26.06.1948
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 court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
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.
The main legal point established in the judgment is the need for a meaningful reading of the plaint, scrutiny of the cause of action, and prevention of illusory causes of action to avoid circumventin....
The limitation period for challenging registered sale deeds starts upon acquiring knowledge of the transaction, not merely from the registration date, reaffirming the necessity of trial for evidentia....
The limitation period for a suit for partition and declaration that certain sale deeds are not binding is under Article 109 of the Limitation Act, and it starts running from the date of possession of....
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