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1 - 9 of 9 (0.28 seconds)Section 41 in The Transfer Of Property Act, 1882 [Entire Act]
Article 65 in Constitution of India [Constitution]
Article 59 in Constitution of India [Constitution]
Article 58 in Constitution of India [Constitution]
Article 68 in Constitution of India [Constitution]
Seshumull M. Shah vs Sayed Abdul Rashid And Others on 20 August, 1990
In the instant case, Khatunbi is the
absolute owner of the suit schedule property and after
her death, by operation of law, the plaintiffs as well as
defendants 4 to 6 became the co-owners and each one of
them are having definite share in the property. Hence,
article 65B is not applicable to the facts of the present
case. He relied upon the commentary on Limitation Act,
27
1963 by Sanjeeva Rao, IX Edition. He also relied upon
the judgment reported in AIR 1991 KAR 273
(SESHUMULL M SHAH v/s SYED ABDUL RASHID AND
OTHERS) wherein this court examined articles 65 and 68
of the Limitation Act and held that the suit for
declaration that the plaintiffs are the owners of the
property and possession has been claimed as
consequence of declaration, which governs article 65 and
not article 68 of the Limitation Act. In the instant case,
the plaintiffs have sought for partition and possession of
the property and also declaration that the sale deed
dated 28-4-1972 is not binding on the plaintiffs insofar
as their 1/4th share is concerned. Hence, article 65 of
the Limitation Act is applicable and the suit has been
filed within the period of limitation.
Jagat Ram vs Varinder Prakash on 22 March, 2006
Hence, the suit is barred by limitation. The courts below
have not considered the effect of Section 65 of the
Limitation Act. Further, the appellants are entitled to
protection under Section 41 of the Transfer of Property
Act since they are bonafide purchasers of the property for
a valuable consideration. She has relied upon the
judgment reported in II (2006) CLT 37(SC) (JAGAT RAM
18
v/s VARINDER PRAKASH). Hence sought for allowing the
appeal by setting aside judgment and decree passed by
the both the courts below.
The Code of Civil Procedure, 1908
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