GURDIT SINGH AND ORS. ETC. versus MUNSHA SINGH AND ORS. ETC.

GURDIT SINGH AND ORS. ETC. versus MUNSHA SINGH AND ORS. ETC.

The suits for possession are barred by limitation as the plaintiffs failed to prove affirmatively that K's death occurred within three years prior to institution of suits. The presumption under s. 108 of Evidence Act only signifies death after seven years absence but not the actual date of death, which must be established by evidence. Section 14(1) Limitation Act does not apply as previous suits were not dismissed for defect of jurisdiction or analogous reasons, but as premature. Hence, exclusion of that period is not available to the plaintiffs.

Parties
Appellants: Gurdit Singh and Ors. etc.; Respondents: Munsha Singh and Ors. etc.
Jurisdiction
India
Judgment Date
29 November 1976
Procedural Posture
Civil Appeal / Appeal Against Division Bench Judgment of High Court
Outcome
Appeals dismissed
Legal Topics
Limitation, Suit for Possession, Presumption of Death, Cause of Action
Civil Law Limitation Suit for Possession Presumption of Death Cause of Action

Case Brief

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Parties

Gurdit Singh and Ors. etc.

Appellants

Munsha Singh and Ors. etc.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Division Bench Judgment of High Court

Legal Issues

  1. 1 Whether the suits claiming possession of ancestral immovable property are barred by limitation under the Punjab Limitation (Customs) Act, 1920
  2. 2 Whether benefit of Section 14(1) of Limitation Act, 1908 excluding time spent on previous litigation applies
  3. 3 Meaning of accrual of right to sue when death is by presumption under Section 108 of Evidence Act

Ratio Decidendi

The suits for possession are barred by limitation as the plaintiffs failed to prove affirmatively that K's death occurred within three years prior to institution of suits. The presumption under s. 108 of Evidence Act only signifies death after seven years absence but not the actual date of death, which must be established by evidence. Section 14(1) Limitation Act does not apply as previous suits were not dismissed for defect of jurisdiction or analogous reasons, but as premature. Hence, exclusion of that period is not available to the plaintiffs.

Court Disposition

Appeals dismissed

Orders

  • Judgment and decrees of Division Bench of High Court affirmed
  • Single Judge's decrees not restored