DAYA SINGH & ANR. versus GURDEV SINGH (DEAD) BY L.RS. & ORS.

DAYA SINGH & ANR. versus GURDEV SINGH (DEAD) BY L.RS. & ORS.

The right to sue accrues when a clear and unequivocal threat to infringe the asserted right is made (i.e., when defendants refused to admit the plaintiffs' claim a week prior to suit) rather than on the date of compromise; thus, the suit filed on 21.8.1990 was within three years from the accrual of the cause of action and not barred by limitation under Article 58.

Parties
Appellant: Daya Singh & Anr.; Respondent: Gurdev Singh (Dead) by L.Rs. & Ors.
Jurisdiction
India
Judgment Date
07 January 2010
Procedural Posture
Civil Appeal / Appeal From High Court Decision (regular Second Appeal No. 3416 of 1997, Punjab & Haryana Hc)
Outcome
Appeal allowed
Legal Topics
Limitation, Declaratory Relief, Compromise Agreement, Revenue Records
Civil Law Limitation Declaratory Relief Compromise Agreement Revenue Records

Case Brief

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Parties

Daya Singh & Anr.

Appellant

Gurdev Singh (Dead) by L.Rs. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision (regular Second Appeal No. 3416 of 1997, Punjab & Haryana Hc)

Legal Issues

  1. 1 Whether the suit for declaration was barred by limitation under Article 58 of the Limitation Act, 1963, being filed 18 years after compromise.
  2. 2 When does the right to sue accrue under Article 58 for declaration regarding revenue entries and possession?

Ratio Decidendi

The right to sue accrues when a clear and unequivocal threat to infringe the asserted right is made (i.e., when defendants refused to admit the plaintiffs' claim a week prior to suit) rather than on the date of compromise; thus, the suit filed on 21.8.1990 was within three years from the accrual of the cause of action and not barred by limitation under Article 58.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court set aside
  • Matter remitted to High Court for decision on merits expeditiously