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november 2006

Supreme Court of India · 2006-11-30

UTHA MOIDU HAJI vs KUNINGARATH KUNHABDULLA .

Citation / case number
SC 1998/17833
Court
Supreme Court of India
Petitioner
UTHA MOIDU HAJI
Respondent
KUNINGARATH KUNHABDULLA .
Author
S.B. SINHA
Bench
S.B. SINHA & MARKANDEY KATJU

Judgment text excerpt

The Supreme Court examined the applicability of the Limitation Act, 1963, specifically Article 60 and Article 65, in a property dispute involving co-ownership. The Court held that the plaintiff's suit was not barred by limitation as he could file the suit within 12 years from the date of the sale deed execution or within 3 years of attaining majority. The Court affirmed the High Court's decision that the appellant failed to prove 'ouster' against the plaintiff, thereby dismissing the appeal.

UTHA MOIDU HAJI vs KUNINGARATH KUNHABDULLA . · Niyam