Supreme Court of India · 2008-08-05
BALJINDER SINGH vs RATTAN SINGH
- Citation / case number
- SC 2004/25930
- Court
- Supreme Court of India
- Petitioner
- BALJINDER SINGH
- Respondent
- RATTAN SINGH
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,TARUN CHATTERJEE, , ,
Judgment text excerpt
The Supreme Court upheld the Punjab and Haryana High Court's decision regarding the ancestral nature of property in dispute, affirming that the alienation of ancestral property by a Hindu governed by Mitakshara law can be challenged under Article 109 of the Limitation Act, 1963. The Court found that the plaintiffs, including Lt. Col. Rattan Singh, failed to establish their claim within the 12-year limitation period as Jaspal Singh had been in possession of the property since the execution of the gift deed in 1962. Consequently, the appeals were dismissed, affirming the lower court's ruling on the limitation aspect.