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february 1985

Supreme Court of India · 1985-02-08

PERIA NACHI MUTHU GOUNDER AND ORS. vs RAJA THEVAR (DEAD) AND ORS.

Citation / case number
SC 1971/60308
Court
Supreme Court of India
Petitioner
PERIA NACHI MUTHU GOUNDER AND ORS.
Respondent
RAJA THEVAR (DEAD) AND ORS.
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court held that the suit filed by the heirs of the settlor for recovery of trust properties was within the limitation period as per Article 134B of the Limitation Act, 1908, commencing from the date of the settlor's death. The Court ruled that the Deed of Cancellation executed by the settlor was ineffective in law, thus maintaining the validity of the original Deed of Settlement. The Court affirmed the lower courts' decisions that the suit was not barred by limitation and decreed in favor of the respondents-plaintiffs.

PERIA NACHI MUTHU GOUNDER AND ORS. vs RAJA THEVAR (DEAD) AND ORS. · Niyam