MURUGAN & ORS. versus KESAVA GOUNDER (DEAD) THR. LRS. AND ORS.

MURUGAN & ORS. versus KESAVA GOUNDER (DEAD) THR. LRS. AND ORS.

Suit seeking possession based on avoidance of sale deeds executed by a minor's natural guardian without permission of the court is governed by Article 60 of the Limitation Act; limitation is three years from the date of minor's death. Since the sale deeds were only voidable and not repudiated or set aside within limitation, and since the suit as filed did not seek to set aside those deeds, the plaintiffs are not entitled to relief. The High Court and appellate courts correctly dismissed the suit as barred by limitation.

Parties
Appellants/plaintiffs: Murugan & Ors.; Respondents/defendants: Kesava Gounder (dead) through LRs. & Ors.
Jurisdiction
India
Judgment Date
25 February 2019
Procedural Posture
Civil Appeal / Appeal Before Supreme Court From Decision of Madras High Court Dismissing Second Appeal
Outcome
Appeal dismissed
Legal Topics
Limitation for Suit to Set Aside Transfer by Guardian, Voidable Vs. Void Transfers by Guardian, Interpretation of Limitation Act Article 60 and Article 65, Section 8 of Hindu Minority and Guardianship Act, 1956
Property Law Limitation Law Hindu Law Limitation for Suit to Set Aside Transfer by Guardian Voidable Vs. Void Transfers by Guardian Interpretation of Limitation Act Article 60 and Article 65 Section 8 of Hindu Minority and Guardianship Act, 1956

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Parties

Murugan & Ors.

Appellants/plaintiffs

Kesava Gounder (dead) through LRs. & Ors.

Respondents/defendants

Procedural Posture

Civil Appeal / Appeal Before Supreme Court From Decision of Madras High Court Dismissing Second Appeal

Legal Issues

  1. 1 Whether suit seeking declaration and possession concerning sale of minor's property by natural guardian without court's permission is governed by Article 60 or Article 65 of the Limitation Act, 1963?
  2. 2 Whether sale deeds executed by the father as natural guardian without court's permission are void or voidable under Section 8 of Hindu Minority and Guardianship Act, 1956?
  3. 3 Whether plaintiffs could succeed without seeking to set aside the sale deeds within limitation period?

Ratio Decidendi

Suit seeking possession based on avoidance of sale deeds executed by a minor's natural guardian without permission of the court is governed by Article 60 of the Limitation Act; limitation is three years from the date of minor's death. Since the sale deeds were only voidable and not repudiated or set aside within limitation, and since the suit as filed did not seek to set aside those deeds, the plaintiffs are not entitled to relief. The High Court and appellate courts correctly dismissed the suit as barred by limitation.

Court Disposition

Appeal dismissed

Orders

  • Suit by plaintiffs is barred by limitation and not maintainable.
  • No relief granted to plaintiffs.