Case Note & Summary
The plaintiff, M/s. Foreshore Co-operative Housing Society Ltd., filed a suit in 1999 seeking a declaration that it is the owner of the entire suit land and the building 'Advent', and for injunction against the defendants. The plaintiff claimed ownership based on a registered deed of assignment dated 25th March 1969 executed by the original lessee. The dispute concerned an incomplete building 'Divya Prabha' on part of the land, construction of which was commenced by the first defendant builder in 1966. The plaintiff had earlier filed B.C.C. Suit No. 6734 of 1994 in the City Civil Court in October 1994, based on an apprehension that the Municipal Corporation was considering a proposal to permit completion of the construction. The present suit was filed in the High Court in 1999. The defendant No. 8 raised the preliminary issue of limitation under Section 9A of the Code of Civil Procedure, 1908. The court framed two preliminary issues: (i) whether the suit was barred by limitation, and (ii) whether the suit was maintainable without notice under Section 527 of the Bombay Municipal Corporation Act. The defendant did not press the second issue. On the limitation issue, the court held that the plaintiff's cause of action for declaration of ownership arose on 25th March 1969 when the assignment deed was executed. The suit filed in 1999 was beyond the three-year period prescribed under Article 58 of the Limitation Act, 1963. The court rejected the plaintiff's argument that the cause of action arose later when the defendants disputed its title, as the right to sue first accrued on the date of the deed. The suit was dismissed as barred by limitation.
Headnote
A) Limitation Act - Article 58 - Suit for Declaration - Cause of Action - The plaintiff sought declaration of ownership and injunction based on a deed of assignment dated 25th March 1969. The court held that the right to sue first accrued on the date of the deed, and the suit filed in 1999 was beyond the three-year period prescribed under Article 58 of the Limitation Act, 1963. The plaintiff's ignorance of the deed or subsequent events did not extend limitation. (Paras 1-10) B) Civil Procedure Code - Section 9A - Preliminary Issue - Limitation - The court framed preliminary issues under Section 9A CPC regarding limitation and maintainability. The defendant did not press the issue of notice under Section 527 of the Bombay Municipal Corporation Act. The only contested issue was limitation, which was decided in favor of the defendant. (Paras 1-3)
Issue of Consideration
Whether the suit as framed and filed is barred by the law of limitation.
Final Decision
The court answered issue No.1 in the affirmative, holding that the suit is barred by limitation. The Notice of Motion was disposed of accordingly, and the suit was dismissed as barred by limitation.
Law Points
- Limitation Act
- 1963
- Article 58
- Section 9A CPC
- Bombay Municipal Corporation Act
- 1888
- Section 527
