alienation.
Alienation by Karta; Section 3 and Article 109 of
Limitation Act
19. The material on record clearly
demonstrates that Survey No.703 has undergone ... limitation. Where the bar
of limitation appears on the face of the proceedings,
the Court is bound under Section 3 of the Limitation
Act
that the suit was not barred by
limitation. According to him, Article 58 of the Limitation Act, 1963
is applicable to the facts ... residuary article governing all those suits for declaration which are
not specifically governed by any other articles in the Limitation Act .
Article 109
rights would militate against the rights under Article
14 , read with Article 19(1)(g) and Article 21 of the Constitution of
India.
Recognizing ... limitation would have expired during the period
between 15.03.2020 till 14.03.2021, notwithstanding the
actual balance period of limitation remaining, all persons
shall have limitation period
years
54
applicable and not limitation period of 3 years as provided
under Article 58 of the Limitation Act . He also relies upon
the judgment ... Act which
provides 12 years of period of limitation and Article 58 of
the Limitation Act providing 3 years of limitation has no
application
suit would be barred
by limitation because of the provisions of Section 109 of the
Limitation Act, 1963.
15. Smt Pallavi S. Pachhapure, the learned ... order of remand, the limitation for the
suit would be governed by Article 120 of Limitation Act,
1908. For a suit for partition the starting
suit is not barred
by limitation in view of Article 109 of the Limitation Act, 1963 ; the
possession is still with the plaintiffs ... filed within 12 years as prescribed Article
108 of the Act. But in order to invoke Article 109 of the Act, the minor son
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Page
delivered possession also and therefore, in terms of Article
109 of the Limitation Act , since the suit is filed beyond 12
years the same ... maintainable and the same is barred by limitation under
Section 109 of Limitation Act. These significant details are not
at all taken into consideration
back in the year 1997 and as per Article 109 of
the Limitation Act, 1963 , a Hindu Governed by Mitakshara law
to set aside ... alienation of ancestral property.
property
Thus, Article applicable in the instant case to compute
limitation is Article 109 of the Limitation Act and the period
appropriate suit within 12 years as prescribed
7
under Article 109 of Limitation Act . Therefore, Trial Court has
proceeded to answer issue ... also of the view that in terms of Article
109 of Limitation Act , the defendant Nos.2 to 5 having lost
possession have not taken
defendant
No.3 claimed that defendant No.1 who was acting as a
kartha and had availed loan from Veejapur Co-
operative Society as well ... suit for partition
within 12 years as contemplated under Article 109 of
Limitation Act . The trial Court while answering
additional issue
