BAILOCHAN KARAN versus BASANT KUMARI NAIK AND ANR.

BAILOCHAN KARAN versus BASANT KUMARI NAIK AND ANR.

The maximum period of limitation available to the appellant was only three years from the date of his attaining majority (cessation of disability). Upon expiry of this period, the appellant's right to sue extinguished and the plaintiffs perfected their title to the property by virtue of Section 27 of the Limitation Act.

Parties
Appellant: Bailochan Karan; Respondent: Basant Kumari Aik; Respondent: Another respondent
Jurisdiction
India
Judgment Date
02 February 1999
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Limitation Period for Persons Under Disability, Right to Sue After Cessation of Disability
Property Law Limitation Law Adverse Possession Limitation Period for Persons Under Disability Right to Sue After Cessation of Disability

Case Brief

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Parties

Bailochan Karan

Appellant

Basant Kumari Aik

Respondent

Another respondent

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the suit filed by the respondents was barred by limitation
  2. 2 Whether the appellant could have filed any suit for recovery of possession after attaining majority

Ratio Decidendi

The maximum period of limitation available to the appellant was only three years from the date of his attaining majority (cessation of disability). Upon expiry of this period, the appellant's right to sue extinguished and the plaintiffs perfected their title to the property by virtue of Section 27 of the Limitation Act.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs