SHANTI DEVI (SINCE DECEASED) THROUGH LRS. GORAN versus JAGAN DEVI & ORS.

SHANTI DEVI (SINCE DECEASED) THROUGH LRS. GORAN versus JAGAN DEVI & ORS.

The sale deed dated 14.06.1973 was found to be void ab initio on the concurrent findings (plaintiff had not executed it and alleged consideration was not proved); therefore the suit for possession based on title was governed by Article 65 of the Limitation Act, 1963 and was filed within the 12-year period; consequently the appeal was dismissed.

Parties
Appellant: Shanti Devi (Since Deceased) Through LRs. Goran; Respondent: Jagan Devi & Ors.
Jurisdiction
India
Judgment Date
12 September 2025
Procedural Posture
Civil Appeal / Appeal to the Supreme Court (question Confined to Limitation)
Outcome
Appeal dismissed
Legal Topics
Article 65 of Limitation Act, 1963, Article 59 of Limitation Act, Permanent Injunction, Sale Deed Fraud, Possession Based on Title, Consideration in Sale
Limitation Law Property Law Civil Procedure Article 65 of Limitation Act, 1963 Article 59 of Limitation Act, 1963 Permanent Injunction Sale Deed Fraud Possession Based on Title +1 more

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Parties

Shanti Devi (Since Deceased) Through LRs. Goran

Appellant

Jagan Devi & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court (question Confined to Limitation)

Legal Issues

  1. 1 Whether the plaintiff’s suit was time-barred
  2. 2 Whether Article 65 or Article 59 of the Schedule to the Limitation Act, 1963 applies
  3. 3 Whether the sale deed dated 14.06.1973 was void ab initio or voidable

Ratio Decidendi

The sale deed dated 14.06.1973 was found to be void ab initio on the concurrent findings (plaintiff had not executed it and alleged consideration was not proved); therefore the suit for possession based on title was governed by Article 65 of the Limitation Act, 1963 and was filed within the 12-year period; consequently the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • High Court judgment and order dated 22.02.2018 in RSA No. 2930 of 1996 affirmed