Judicial Review Not Negated In Election Matters Where Level Playing Field Is Impaired By Violence: Supreme Court FIR Registration | Prospective Accused Has Locus Standi To Appeal Against Single Judge's Direction: Supreme Court Executing Deed Claiming Disputed Property Not 'False Document' Without Impersonation; Civil Disputes Can't Be Criminalised: Allahabad High Court Section 24 CPC | Partition Suit Can Be Transferred To High Court To Avoid Inconsistent Findings With Pending Testamentary Proceedings: Bombay High Court Upgraded Junior High Schools Lose Separate Legal Identity; Recruitment Under 1978 Rules Not Maintainable For Resulting Vacancies: Allahabad High Court Section 370 IPC | Consent Of Victim Is Irrelevant For Proving Trafficking; High Court Sustains Conviction Despite Acquittal Under Section 370A(2) Section 307 IPC | Absence Of Bodily Injury Does Not Exclude Offence If Intention Or Knowledge Is Established From Surrounding Circumstances: Delhi High Court Income Tax Reopening | Assessing Officer Cannot Initiate Reassessment Based On Third-Party Allegations Without Establishing Direct Nexus With Assessee: Gujarat High Court Section 294 CrPC | Non-Examination Of Autopsy Doctor Not Fatal To Prosecution When Post-Mortem Report's Genuineness Is Undisputed: Karnataka High Court Section 25 Arms Act | Mere Custody Without Awareness Not An Offence, 'Conscious Possession' Essential: Delhi High Court Quashes FIR Over Single Live Cartridge Section 20 Prevention Of Corruption Act | Statutory Presumption Cannot Be Triggered Without Proof Of Demand; Mere Recovery Insufficient: Himachal Pradesh High Court Article 227 Constitution of India | High Court Cannot Sit In Appeal Over Findings Of Tribunal Under Supervisory Jurisdiction: Kerala High Court Mere Registration Of Will Does Not Dispense With Requirement To Prove Execution Under Section 68 Evidence Act: Madras High Court Insurance Policy Exclusion | Onus To Prove Suicide Can Be Discharged By Circumstantial Evidence And Unexplained Discrepancies In Medical Records: NCDRC Registration Act | Contested Decree Declaring Pre-Existing Rights By Adverse Possession Does Not Require Compulsory Registration Or Stamp Duty: Madhya Pradesh High Court Section 100 Patents Act | Government Empowered To Authorise Manufacture Of Patented Life-Saving Drugs For Non-Commercial Distribution To Patients: Kerala High Court Madras High Court Slaps ₹1 Lakh Cost On Centre Over Botched Prisoner Repatriation Contempt Of Court | Bona Fide Efforts To Verify Credentials Preclude Finding Of 'Wilful Disobedience': Telangana High Court Financial Commissioner Cannot Remand Appointment Of Lambardar Without Finding Perversity In Collector’s Order: Punjab & Haryana High Court Article 226 | High Court Cannot Act As Second Appellate Authority Over Transfer Orders; Judicial Review Permissible Only On Four Limited Grounds: Rajasthan High Court Drugs and Cosmetics Act | Prosecution Must Prove Possession And Lack Of Licence Through Independent Evidence; Failure Of Panch Witnesses Is Fatal: Telangana High Court Section 392 IPC | Appellate Courts Can Reduce Sentence To Period Already Undergone Considering Protracted Litigation And Lack Of Criminal Antecedents: Punjab & Haryana High Court

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

07 May 2024 2:49 AM

By: Admin


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.

Latest Legal News