VidhiSangh

Supreme Court of India · 12/09/2025

SHANTI DEVI (SINCE DECEASED) THROUGH LRS. GORAN versus JAGAN DEVI & ORS.

[2025] 9 S.C.R. 825 · 2025 INSC 1105

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Summary

The Supreme Court held that a co-owner's suit for injunction or joint possession, attacking a 1973 sale deed she was found never to have executed and for which no consideration was shown to have been paid, was governed by Article 65 (12 years) and not Article 59 (3 years) of the Limitation Act, 1963, because such a deed is void and need not be cancelled. The suit filed about 11 years after the deed was within time; the High Court erred in applying Article 59 but its conclusion was correct, so the appeal was dismissed.

Issues

  1. Whether the plaintiff's suit, filed in 1984 in respect of a sale deed of 1973, was barred by limitation.
  2. Whether Article 59 or Article 65 of the Schedule to the Limitation Act, 1963 governs a suit for possession where the sale deed is alleged and found to be fraudulent because the plaintiff never executed it.
  3. Whether a plaintiff who is not a party to an instrument must seek its cancellation or an express declaration that it does not bind her.

Provisions considered

Held

Result

Appeal dismissed; the law on the applicable Article clarified, and the decree in favour of the plaintiffs affirmed.

Judgment PDF: Supreme Court of India, [2025] 9 S.C.R. 825.