Limitation Act, 1963
Article 59—Bar of limitation—Suit for cancellation of sale deed as well as for recovery of possession—Relief for possession is a consequential prayer and substantive prayer was of cancellation of sale-deed—Limitation period is required to be considered with respect to the substantive relief claimed and not the consequential relief—When a composite suit is filed for cancellation of sale deed as well as for recovery of possession, the limitation period is required to be considered with respect to the substantive relief of cancellation of the sale-deed, which would be three years from the date of knowledge of sale deed sought to be cancelled—Suit, which was filed by original plaintiff for cancellation of sale-deed, can be said to be a substantive therefore the same was clearly barred by limitation.
[Para 6]
Property
Transfer of—Agreement to sell by original owner—Right of bona fide purchaser (the appellant) over the suit property—Collusive decree obtained by original plaintiff (wife of original owner) over the same property—Neither decree was registered nor entries were made in the revenue record—When the wife of original owner obtained the collusive decree, there was already an agreement to sell in favour of appellant by which original owner agreed to sell the land in question and earnest money was paid at the time of agreement and subsequently the appellant paid the entire balance consideration, which was accepted by the original owner, the appellant is entitled to title over the suit property.
[Para 7]