Sale deeds were executed by father of plaintiff not only in respect of his share but also on behalf of plaintiff in 1967 - Plaintiff was made eo- nominee party in sale deed - Sale deeds clearly showed that plaintiff was aged about two years at time of execution - Suit ought to have been filed by plaintiff after attaining majority in 1986 - Suit was filed in 1987 - Suit barred by limitation

Citation

AIR 2023 MADRAS 213

MADRAS HIGH COURT

(MADURAI BENCH)

: AIROnline 2023 MAD 429

N. SATHISH KUMAR , J.

A.S.(MD) No. 297 of 2008, D/- 29 - 3 - 2023

Mathivanan v. Deivanai (Died).

(A)Limitation Act (36 of 1963), Art.113 - Specific Relief Act (47 of 1963), S.31 - Suit for cancellation of sale deed - Bar of limitation - Sale deeds were executed by father of plaintiff not only in respect of his share but also on behalf of plaintiff in 1967 - Plaintiff was made eo- nominee party in sale deed - Sale deeds clearly showed that plaintiff was aged about two years at time of execution - Suit ought to have been filed by plaintiff after attaining majority in 1986 - Suit was filed in 1987 - Suit barred by limitation. (Paras 13 , 14 , 16)