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august 1996

Supreme Court of India · 1996-08-05

RAMESHWAR DUBEY & ORS.(DEAD) BY LRS. vs RAMESHWAR DUBEY .(DEAD) BY LRS.

Citation / case number
SC 1989/71308
Court
Supreme Court of India
Petitioner
RAMESHWAR DUBEY & ORS.(DEAD) BY LRS.
Respondent
RAMESHWAR DUBEY .(DEAD) BY LRS.
Author
G.B.PATTANAIK K. RAMASWAMY
Bench
G.B.PATTANAIK K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the sale deed executed on July 12, 1966, was vitiated by fraud, thus rendering it void. The Court affirmed that the limitation period for filing a suit under Article 58 of the Limitation Act, 1963, begins when dispossession is sought, which occurred in 1973. The Court upheld the lower courts' findings that the suit was filed within the appropriate time frame and dismissed the appeal, confirming the decree in favor of the first respondent.

RAMESHWAR DUBEY & ORS.(DEAD) BY LRS. vs RAMESHWAR DUBEY .(DEAD) BY LRS. · Niyam