Supreme Court · 2006 INSC 280 · Decided 2 May 2006
Prem Singh and ORS. v. Birbal and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 280 · [2006] SUPP. 1 S.C.R. 692
- Case number
- CIVIL APPEAL No. 2412/2006
- Decided
- 2 May 2006
- Bench
- S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act; Limitation Act Section 27, 30, 59; Specific Relief Act Section 31
Headnote
Transfer of Property Act/limitation Act; Articles 27, 30 and 59: Execution of sale deed in respect of the land in dispute allegedly by C a minor by showing him as major-Filing of suit later for declaration and partition of the land claiming himself to be a co-sharer in the property-Suit dismissed initio as it got executed by playing fraud on the vendor when he was a minor-Affirmed by the High Court-On D appeal, Held: Though the limitation Act bars a remedy but it does not extinguish a right ji>r filing a suit for possession of the property-The Act prescribes provisions that upon lapse
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