MOHINDER SINGH (DEAD) THROUGH LRS. versus PARAMJIT SINGH & ORS.

MOHINDER SINGH (DEAD) THROUGH LRS. versus PARAMJIT SINGH & ORS.

The suit for possession was within limitation as the limitation period commenced from the date the declaratory decree was formally obtained (19 August 1972), and the period spent in bona fide execution proceedings could be excluded under Section 14, Limitation Act, 1963. The High Court erred in holding the suit to be time-barred by treating the date of declaratory judgment as the starting point.

Parties
Appellant: Mohinder Singh (Dead) Through LRs.; Respondents: Paramjit Singh & Ors.
Jurisdiction
India
Judgment Date
28 March 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment, Supreme Court Decision
Outcome
Appeal Allowed
Legal Topics
Limitation for Suits Relating to Alienation of Ancestral Property, Applicability of Section 14 of Limitation Act, 1963, Punjab Limitation (custom) Act, 1920, Declaratory Decree and Commencement of Limitation
Limitation Law Property Law Limitation for Suits Relating to Alienation of Ancestral Property Applicability of Section 14 of Limitation Act, 1963 Punjab Limitation (custom) Act, 1920 Declaratory Decree and Commencement of Limitation

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Parties

Mohinder Singh (Dead) Through LRs.

Appellant

Paramjit Singh & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment, Supreme Court Decision

Legal Issues

  1. 1 Whether Section 14 of the Limitation Act, 1963 applies to suits under Punjab Limitation (Custom) Act, 1920
  2. 2 When does limitation period commence for a suit for possession based on a declaratory decree under Article 2(b) of the 1920 Act

Ratio Decidendi

The suit for possession was within limitation as the limitation period commenced from the date the declaratory decree was formally obtained (19 August 1972), and the period spent in bona fide execution proceedings could be excluded under Section 14, Limitation Act, 1963. The High Court erred in holding the suit to be time-barred by treating the date of declaratory judgment as the starting point.

Court Disposition

Appeal Allowed

Orders

  • High Court judgment and decree set aside
  • Judgment and decree of the Trial Court restored as affirmed by First Appellate Court