lawweb 25 March 2018

Whether article 65(b) of limitation act is applicable to sui

Whether Article 65(b) of limitation Act is applicable to suit filed by legal heirs of female who was absolute owner of suit property?

Article 65(b) applies where the female was a 'limited owner' with regard to the disputed property. Hence, if the sale is not for legal purposes, it would not be binding on the estate, the husband's heirs who would be entitled to inherit the estate after the widow's death, would be entitled on such death to sue for the recovery of the property from the purchaser. As their right would be one derived from the husband and not from the widow, it would be independent of the widow and they would be the persons "entitled to sue for possession of the property on the death of the widow" within the meaning of Explanation (b) to Article 65. Hence, the above Explanation will apply to their suit and they would be entitled to a period of 12 years from the widow's death within which to bring the suit as held by Full Bench verdicts in Amar Singh and Ors. v. Sewa Ram and Ors. MANU/PH/0271/1960 : AIR 1960 Punjab 530, Harak Singh v. Kailash Singh and Anr. MANU/BH/0191/1958 : AIR 1958 Pat. 581; and Mt. Lukai W/o Katikram and Ors. v. Niranjan Dayaram and Ors. MANU/MP/0056/1958 : AIR 1958 MP 160.

13. In the instant case possession never became adverse to the Plaintiffs. There is concurrent finding recorded that the Plaintiffs were in joint possession of the disputed land on the date of filing of the suit. The Defendants have taken the plea of ouster and the suit has been filed beyond 12 years of death of Shakuntalabai but they have not been able to prove their adverse possession. On the contrary the finding is that Chimasaheb admitted the title of Anandibai. The finding is that till 1976, Chimasaheb never denied the title of Anandibai. Be that as it may. As adverse possession has not been concurrently found by the three courts and in this case the starting point of limitation would not be the date of death of Shakuntalabai in the year 1962 as she was full owner, as such suit could not be said to be barred by limitation.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 3110 of 2012

Decided On: 25.04.2017

Bapusaheb Chimasaheb Naik-Nimbalkar (dead through L.Rs.) and Ors. Vs. Mahesh Vijaysinha Rajebhosale and Ors.

Hon'ble Judges/Coram:

Arun Mishra and S. Abdul Nazeer, JJ.

Citation: 2018(1) MHLJ11

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