MALLAVVA AND ANR versus KALSAMMANAVARA KALAMMA (SINCE DEAD) BY LEGAL HEIRS & ORS.

MALLAVVA AND ANR versus KALSAMMANAVARA KALAMMA (SINCE DEAD) BY LEGAL HEIRS & ORS.

Because the trial court had found the plaintiff to be the absolute owner and title was established on the basis of documents and evidence, and because the defendants did not plead or prove adverse possession for the prescriptive period, the claim for possession (as added by amendment at the first appellate stage) falls under Article 65 of the Limitation Act, 1963 (12 years from when defendant's possession became adverse); accordingly the amendment was properly allowed and the suit as amended was not time-barred, leading to dismissal of the appellant's challenge.

Parties
Appellants: Mallavva and Anr.; Respondents: Kalsammanavara Kalamma (Since Dead) by Legal Heirs & Ors.
Jurisdiction
India
Judgment Date
19 December 2024
Procedural Posture
Civil Appeal / Appeal to the Supreme Court Against High Court Judgment Dismissing Second Appeal
Outcome
Appeal dismissed
Legal Topics
Amendment of Plaint at Appellate Stage, Article 58 Limitation Act 1963, Article 65 Limitation Act 1963, Relation Back Doctrine, Adverse Possession, Declaration of Title
Limitation Civil Procedure Property Law Title and Possession Amendment of Plaint at Appellate Stage Article 58 Limitation Act 1963 Article 65 Limitation Act 1963 Relation Back Doctrine +2 more

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Parties

Mallavva and Anr.

Appellants

Kalsammanavara Kalamma (Since Dead) by Legal Heirs & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal to the Supreme Court Against High Court Judgment Dismissing Second Appeal

Legal Issues

  1. 1 Whether the suit as amended at the first appellate stage seeking possession was time barred and governed by Article 58 or Article 65 of the Limitation Act, 1963
  2. 2 Whether an amendment of the plaint at the appellate stage adding a claim for possession can be permitted and, if permitted, whether the amendment is barred by limitation

Ratio Decidendi

Because the trial court had found the plaintiff to be the absolute owner and title was established on the basis of documents and evidence, and because the defendants did not plead or prove adverse possession for the prescriptive period, the claim for possession (as added by amendment at the first appellate stage) falls under Article 65 of the Limitation Act, 1963 (12 years from when defendant's possession became adverse); accordingly the amendment was properly allowed and the suit as amended was not time-barred, leading to dismissal of the appellant's challenge.

Court Disposition

Appeal dismissed

Orders

  • This appeal is dismissed.
  • The judgment and order of the High Court dated 13.06.2019 is affirmed, leaving the First Appellate Courts decree in favour of the plaintiffs (decree for declaration and possession) intact.