Land Dispute Case Dismissed as Plaintiffs' Claims Held Barred by Law Filed After 21 Years

In a recent judgment, the Delhi High Court dismissed a land dispute case, ruling that the plaintiffs' claims were barred by law. The judgment, delivered by Justice Anup Jairam Bhambhani on July 6, 2023, concluded that the plaintiffs failed to establish a valid cause of action and that the reliefs sought in the plaint were clearly prohibited by law.

The court emphasized that the subject property, purchased by defendant No.2 through a registered sale deed in 1992, belonged to her as the sole and absolute owner. The plaintiffs, who alleged that the funds of their partnership firm were used for the purchase, could not substantiate their claim with sufficient evidence. The court noted that there was no mention in the plaint of when or how the partnership firm's funds were utilized for the property acquisition.

Moreover, the court addressed the plaintiffs' contention that the defendant No.2 fell within an exception to the definition of a benami transaction. However, the court found no allegation or evidence to support the claim that defendant No.2 was a partner of the firm. The court clarified that being the wife of a partner does not automatically confer partnership status, as partnership arises from a contract and not the status of the parties involved.

Regarding the plaintiffs' argument of an oral family settlement subsequently reduced to writing, the court highlighted that there was no averment in the plaint establishing defendant No.2's participation in the oral settlement or her signature on the settlement deed. The court emphasized the importance of recognizing a woman's autonomous status and her absolute ownership rights under the law.

The court further held that the plaintiffs' suit, filed in 2018, was time-barred under Article 59 of the Limitation Act, as it was filed more than 21 years after the execution of the sale deed in 1992. The court observed that the plaintiffs failed to provide any basis for extending or excluding the limitation period.

Justice Anup Jairam Bhambhani, while allowing the application under Order VII Rule 11 of the Civil Procedure Code, rejected the plaint and disposed of the suit. The judgment underscored that the plaintiffs' claims lacked merit and were unequivocally barred by law.

Date of Decision: July 6, 2023

SHRI CHARANJEET SINGH & ANR. vs SHRI HARVINDER SINGH & ANR.