AIR 2019 SUPREME COURT 2696 ::(2019) 1 CLR 1171 (SC) ::(2019) 1 HinduLR 833 ::(2019) 2 CivilCourtC 181 ::(2019) 2 RecCivR 565 ::(2019) 3 Scale 627 ::(2019) 1 CurCC 256 ::(2019) 2 ICC 152 ::(2019) 2 Mad LJ 735 ::2019 (4) KCCR SN 381 (SC) ::(2019) 2 Ker LT 833 ::(2019) 3 AndhLD 39

Supreme Court Of India

(From: Madras)

Hon'ble Judge(s): Ashok Bhushan, K. M. Joseph , JJ

(A) Specific Relief Act (47 of 1963) , S.34— Limitation Act (36 of 1963) , Art.60, Art.65— Suit for declaration of title and recovery of possession - Limitation - Property conveyed by eonominee party i.e. father of minor by registered sale deeds - Minor die before attaining majority - Sale deeds being voidable and not void, limitation for suit governed by Article 60 and not Art.65. Article 60(b)(ii) refers to a suit when a ward dies before attaining majority. The present is a case where minor died on 11.02.1986 before attaining majority, his date of birth being16.07.1978, the limitation to avoid instrument made by guardian of the ward is 3 years from the death of ward when he dies before attaining majority. This Court had occasion to consider Articles 60 and 65 of the Limitation Act in reference to alienation made by a de-facto guardian of a minor. Now, coming to Article 65, on which reliance has been placed by learned counsel for the appellants. The said period of limitation is available @page-SC2697 when suit is filed for possession of immovable property on any interest therein based on title. The present is a case where by registered sale deeds the property was conveyed by the father of the minor was eonominee party. Thus, when sale deed was executed by father, he purported to convey the right of the minor also. The sale deed....