Case Note & Summary
The dispute arose from execution proceedings related to a decree for pre-emption, where the respondent was mistakenly granted both actual and symbolic possession of land. The appellants' father, upon discovering this error, filed a suit for declaration and permanent injunction in 1965, which was decreed in his favor and affirmed in 1969. In 1973, the respondent filed a partition suit claiming both types of possession. The appellants then filed an objection petition under the Code of Civil Procedure, seeking correction of the revenue record due to the excessive area delivered. The respondent contested this on the grounds of limitation, asserting that the objection was barred as it was filed beyond three years from the date of symbolic possession in 1963. The Sub-Judge ruled that limitation began when the respondent attempted to interfere with the appellants' possession in 1973. However, the High Court reversed this, stating that limitation commenced from the date of symbolic possession. The Supreme Court, upon appeal, clarified that the limitation period under Article 137 begins when the right to apply accrues, which in this case was when the partition proceedings were initiated in 1973. The Court restored the Executing Court's order, correcting the mistake of excessive land delivery and emphasizing the finality of the declaratory suit judgment. The appeal was allowed, and the High Court's judgment was set aside without costs.
Headnote
A) Limitation Law - Commencement of Limitation Period - Article 137 Limitation Act, 1963 - The period of limitation under Article 137 is three years, commencing from the date when the right to apply accrues. In this case, the right to apply accrued when the actual threat of dispossession commenced with the filing of partition proceedings in 1973, not from the date of symbolic possession in 1963. Held that the High Court's ruling on limitation commencement was incorrect (Paras 17-18).
Issue of Consideration
When does the period of limitation commence under Article 137 of the Limitation Act, 1963?
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment dated 28.9.1978, and restored the Executing Court's judgment dated 19.2.1977, ruling that the limitation period commenced in 1973.
Law Points
- Limitation period
- Article 137
- symbolic possession
- execution proceedings
- right to apply accrual
