Supreme Court · 1996 INSC 825 · Decided 5 August 1996

Rameshwar Dubey and ORS. v. Masomat Asha Kaur and ORS.

Court
Supreme Court of India
Citation
1996 INSC 825 · [1996] SUPP. 4 S.C.R. 292
Case number
CIVIL APPEAL No. 10702/1996
Decided
5 August 1996
Bench
K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Limitation Act; Specific Relief Act Section 31

Headnote

Limitation Act, 1963/Specific Relief Act, 1963 : Schedu/~Artic/es 58 and 59/s.31-Suit under s.31 of Specific Relief C Act filed on 15.2.1973 on the ground that sale deeds dated 12.7.1966 and 14.12.1970 execllled by playing fraud are void-Limitation-Held, in view of the finding of fact that fraud doczunent-Linzitation sta1ts running frorn the date when the cause of action had arisen i.e. when dispossession was sought to be made--Plaimiff was sought to be dispossessed from her land in D 1973-Sa/e deed came to be executed within three years-Since plaintiff re111ained in possession till

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