Supreme Court of India · 2019-04-25
Hirabai (D) Thr. Lrs. vs Ramniwas Bansilal ...
- Citation / case number
- AIRONLINE 2019 SC 401
- Court
- Supreme Court of India
- Petitioner
- Hirabai (D) Thr. Lrs.
- Respondent
- Ramniwas Bansilal ...
- Author
- Abhay Manohar Sapre
- Bench
- Dinesh Maheshwari, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the appeal, affirming that the decree dated 31.01.1975 in Civil Suit No.48/1971 is binding on the plaintiffs, who were not parties to that suit. The Court ruled that the plaintiffs' claim of ancestral rights over the suit property was barred by limitation under Section 3 of the Limitation Act, as the suit was filed after three years from the decree. The Court emphasized that the sale deed executed by defendant No.3 was valid and binding, and the plaintiffs' failure to seek partition of the entire family property further weakened their case.