VidhiSangh

Supreme Court of India · 03/04/2019

GOPALAKRISHNA (D) BY LRS. & ORS. versus NARAYANAGOWDA (DEAD) BY LRS. & ORS.

[2019] 6 S.C.R. 382 · 2019 INSC 459

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Summary

The Supreme Court dismissed purchasers’ property claims because any right of their alleged reversioner-vendor had expired before their purchase. A widow’s unauthorised alienation could be ignored during her life, but recovery proceedings had to be brought within twelve years after her death. On the assumed reversionary entitlement, limitation expired in 1950 and extinguished the right; the 1955 conveyance therefore passed none. The later Limitation Act did not revive the barred claim.

Issues

  1. When limitation began for recovery by an alleged reversioner.
  2. Whether expiry extinguished the vendor’s right before the purchasers acquired it.
  3. Whether the 1963 Act revived the claim.

Provisions considered

Held

Result

Appeal dismissed without costs. Dismissal of the purchasers’ suits remained undisturbed on limitation and extinguishment grounds, without needing to decide whether their vendor qualified as a reversioner.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 382.