VidhiSangh

Supreme Court of India · 25/02/2019

MURUGAN & ORS. versus KESAVA GOUNDER (DEAD) THR. LRS. AND ORS.

[2019] 4 S.C.R. 357 · 2019 INSC 259

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Summary

The Court upheld dismissal of a title-and-possession suit challenging registered sales made by a natural guardian for himself and his minor son. The sales were voidable and required timely setting aside. As the minor died before majority, Article 60 required action within three years of his death. A later release deed made no reference to the sales and did not repudiate them.

Issues

  1. Whether Article 60 or Article 65 governed the suit.
  2. Whether possession could be recovered without setting aside the registered sales and whether the release deed constituted repudiation.

Provisions considered

Held

Result

Appeal dismissed; dismissal of the suit as time-barred and improperly framed affirmed.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 357.