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1 - 10 of 15 (0.26 seconds)The Limitation Act, 1963
Article 59 in Constitution of India [Constitution]
Section 17 in The Registration Act, 1908 [Entire Act]
Section 54 in The Transfer Of Property Act, 1882 [Entire Act]
Section 39 in Karnataka Stamp Act, 1957 [Entire Act]
The Indian Contract Act, 1872
The Code of Civil Procedure, 1908
Prem Singh & Ors vs Birbal & Ors on 2 May, 2006
31. As per the dictum in Prem Singh (supra), this
Court, in order to ascertain whether Article 65 of the
Limitation Act, 1963 would apply to the present
factual scenario, has to first determine whether the
fraud was alleged as regards the contents of the sale
deed dated 14.06.1973 or the character of such sale
deed. Both the First Appellate Court as well as the
High Court have arrived at the finding that the
plaintiff had never executed the said sale deed in the
first place as it was proved that it was not her thumb
impression that was affixed therein. Therefore, this
finding goes to the character of the sale deed and
thereby, renders it void/void ab initio. Hence, as per
this decision, there remained no reason for the
plaintiff to seek for its cancellation. The original sale
deed also was not produced before the Trial Court by
the defendants in order to rebut the doubt cast upon
the veracity of the said sale deed. Consequently,
Article 59 of the Limitation Act, 1963 would find no
application to the case in hand.