Saraswathi N vs Anniyamma K on 15 October, 2025
27. The learned counsel for the defendant Nos.1 and 4 argued
that the limitation begins to run from 18-12-2010 and the suit was
filed on 6-4-2015. Therefore, the suit filed by the plaintiff is barred
by limitation but in this regard, the learned counsel for the defendant
O.s1 and 4 relied upon (2025) 5 acc 198 in case of Umadevi and
others Vs. Anandkumar and others, wherein, the Hon'ble Supreme
Court by interpreting Article 110 of Limitation Act held that the
partition was took place long ago and it was effected by a registered
instrument. The limitation begins from the date of registration of the
sale deed. This decision was relied by the advocate for the
defendant Nos.1 and 4 to show that the plaintiff and her husband
have knowledge about the execution of registered Gift Deed by
C.Narayanaswamy in favour of first defendant on 18-12-2010. The
true nature of Ex.P.2 was disputed by the plaintiff. At the cost of
repetition, the contents of Ex.P.2 reveals that the Executant
27 O.S.No.3189/2015
C.Narayanaswamy declared that the suit property is his absolute
property, his wife i.e., first defendant looked after him very well when
he was suffering from paralysis. Therefore, out of love and affection,
he is gifting the property to her. There are no clauses incorporated
in EX.P.3 as stated in para 8 and written statement of the other
defendants.