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january 1968

Supreme Court of India · 1968-01-17

NINGAWWA vs BYRAPPA & 3 ORS.

Citation / case number
SC 1965/146
Court
Supreme Court of India
Petitioner
NINGAWWA
Respondent
BYRAPPA & 3 ORS.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that the gift deed executed by the appellant in favor of her husband was obtained through fraud concerning the inclusion of plots in village L, making the transaction voidable under Article 95 of the Indian Limitation Act, 1908. The Court ruled that the appellant's suit was timely as it was filed shortly after discovering the fraud. However, regarding the plots in village T, the Court found that the gift deed was obtained by undue influence, governed by Article 91, and since the appellant was aware of this influence at the time of execution, her suit was barred by limitation for those plots.

NINGAWWA vs BYRAPPA & 3 ORS. · Niyam