Whether sec 59 or 60 of limitation act applicable?


Dear Sirs / Madam, I am facing a suit wherein I am the defendant. The case is such that I have purchased a property in the year 2013 from Say A and now I have constructed boundary wall around the property. I am having peaceful possession too. A was a recorded Bargadar in the said property.

A had purchased the property from legal heirs  of say X in the year 1994. The legal heirs include wife of X, say L,Three daughters say M, N &O and on behalf of Minor Son P, the mother had sold as a natural guardian.  The property is located in the Murshidabad District, West Bengal. The purchase deeds of 1994 of A had mentioned that they are in need of money as reason for sale of the property. There was no permission obtained from Magistrate to sale the property of the minor son. Mr X and his family belongs to hindu community.

Now when I purchased the property in the year 2013 and applied for mutation (change of record). At the time of my purchase, the property was recorded the name of X. So after receiving notice of hearing in the year 2015 for change of record, the minor son P (born in 1990) filed a written objection against the chage of record to the Land record office. The Minor son’s (P) age in the year 2015 was 25 years and he is the youngest among all the legal heirs who sold the property.

He initially blackmailed  to harass me and demanded money from me but i refused to pay him. Then within two months Mr. P,  the minor son along with O one of the daughter who claims to be minor at the time of sale in 1994 had filed a partition suit in the court as follows:

  1. They claim that apart from him (P), one of the daughter (O) was also minor however the deeds executed by his mother shows that O was an adult at the time of sale in the year. He have submitted an board exam  Admit Card as a proof of Date of Birth of the daughter (O).
  2. They claim that the deeds executed by his mother does not have any legal necessity mentioned for the betterment of the minor.
  3. They  claimed that the deeds executed are void and have no legal validity with respect to the rights of Mr. P and her then minor sister O. They used the word ‘Void Transaction ‘ in respect of the deeds executed by his mother in the year 1994 on their behalf.
  4. They claim the value of land as Rs. 1,50,000/-. However our deed value is Rs. 36,00,000/-. They have paid court fee only with respect to Rs. 1,50,000/-.
  5. They claim that they came to know about the sale only after having received the mutation hearing notice on 22.07.2015. They did not have any prior knowledge about the sale of the property. However they admitted in the court that they used to receive a portion of the agricultural produce of the said land from their Bargadar Mr. A.
  6. They have not filed any petition with respect to the cancellation of the deeds executed by their mother in the year 1994.
  7. They are praying to the court to declare their right title and interest in the said property as per their share 2/5 th share of the total area and also praying for measurement of the said land and and asking for getting possession of the said 2/5 th share of the land.

 

Now my question are:

  1. Whether the suit can attract section 59 or section 60 of limitation Act? Because they are repeatedly claiming to have no knowledge about the sale of the property. Also they have not filed petition for cancellation or setting aside of of the deeds executed by their mother in the year 1994. Their mother is still and she is equally greedy.  Mr. P is a lawyer of the same court; His father and Grand Father was also lawyer of the said court.
  2. One of our witness (Age 62 years)  who knows them very well and knows the entire history of the property have submitted an affidavit that prior to the sale of the said land to me, Mr A went to the mother of P and offered to sell them this land abour 8 to 9 years from now(i.e year 2019).

Please help me out and help to know how can I prevent them from harassing me.

 

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu