BALWANT SINGH AND ORS. versus GURBACHAN SINGH AND ORS.

BALWANT SINGH AND ORS. versus GURBACHAN SINGH AND ORS.

The period of limitation under Article 137 of the Limitation Act, 1963, for rectifying a mistaken delivery of possession in execution, commences when an actual threat of dispossession occurs, here being the filing of the partition suit in 1973, not from the date of the mistaken delivery in 1963.

Source-derived case information.

Parties
Appellant: Balwant Singh and Ors.; Respondent: Gurbachan Singh and Ors.
Jurisdiction
India
Judgment Date
15 October 1992
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Judgment of Punjab & Haryana High Court
Outcome
Appeal allowed
Legal Topics
Execution Proceedings, Restitution, Computation of Limitation Period, Article 137 of Limitation Act
Civil Procedure Limitation Execution Proceedings Restitution Computation of Limitation Period Article 137 of Limitation Act

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Parties

Balwant Singh and Ors.

Appellant

Gurbachan Singh and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Judgment of Punjab & Haryana High Court

Legal Issues

  1. 1 From which date does the period of limitation commence under Article 137 of the Limitation Act, 1963, for an application to rectify a mistake and seek restitution of excess land delivered by way of symbolical possession beyond the terms of a decree in execution proceedings?

Ratio Decidendi

The period of limitation under Article 137 of the Limitation Act, 1963, for rectifying a mistaken delivery of possession in execution, commences when an actual threat of dispossession occurs, here being the filing of the partition suit in 1973, not from the date of the mistaken delivery in 1963.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court dated 28.9.1978 set aside
  • Judgment of the Executing Court dated 19.2.1977 restored