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november 2006

Supreme Court of India · 2006-11-30

Utha Moidu Haji vs Kuningarath Kunhabdulla And Ors

Citation / case number
AIRONLINE 2006 SC 524
Court
Supreme Court of India
Petitioner
Utha Moidu Haji
Respondent
Kuningarath Kunhabdulla And Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court addressed the issue of limitation under the Limitation Act, 1963, specifically Articles 60 and 65, in a property dispute involving a sale deed executed by the defendants on behalf of the plaintiff when he was a minor. The Court held that the suit was not barred by limitation as the plaintiff had the right to file the suit within 12 years from the date of the sale deed or within 3 years of attaining majority, and emphasized the necessity of proving 'ouster' for the appellant to claim exclusive ownership. The appeal was dismissed, affirming the High Court's decision that the plaintiff's suit was maintainable.

Utha Moidu Haji vs Kuningarath Kunhabdulla And Ors · Niyam