MD. NOORUL HODA versus BIBI RAIFUNNISA AND ORS.

MD. NOORUL HODA versus BIBI RAIFUNNISA AND ORS.

Article 59 of the Limitation Act, 1963 applies to suits to set aside decrees on the ground of fraud or other grounds, including suits by persons claiming through parties to the decree who have constructive knowledge. The petitioner had constructive notice through his benamidar and was therefore bound by Article 59. The suit was barred by limitation, having been filed beyond three years from the date of knowledge.

Parties
Petitioner: MD. Noorul Hoda; Respondent: Bibi Raifunnisa; Benamidar: Rafique
Jurisdiction
India
Judgment Date
01 December 1995
Procedural Posture
Special Leave Petition (civil) / Supreme Court Disposition on Petition
Outcome
Petition dismissed
Legal Topics
Applicability of Limitation Act Article 59, Constructive Notice, Benami Transactions, Setting Aside Decrees, Derivative Title
Limitation Law Property Law Specific Relief Applicability of Limitation Act Article 59 Constructive Notice Benami Transactions Setting Aside Decrees Derivative Title

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Parties

MD. Noorul Hoda

Petitioner

Bibi Raifunnisa

Respondent

Rafique

Benamidar

Procedural Posture

Special Leave Petition (civil) / Supreme Court Disposition on Petition

Legal Issues

  1. 1 Whether Article 59 of the Limitation Act, 1963 applies to a suit filed by a person not party to a decree but claiming through a party
  2. 2 Whether 'person' in Section 31 of Specific Relief Act, 1963 includes persons claiming derivative title
  3. 3 Meaning and application of constructive notice under Transfer of Property Act, 1882

Ratio Decidendi

Article 59 of the Limitation Act, 1963 applies to suits to set aside decrees on the ground of fraud or other grounds, including suits by persons claiming through parties to the decree who have constructive knowledge. The petitioner had constructive notice through his benamidar and was therefore bound by Article 59. The suit was barred by limitation, having been filed beyond three years from the date of knowledge.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed; decree of appellate court and order of High Court affirmed.