Suit filed within three years from date of infringement is not barred by limitation- suit filed after 18 years of entering into compromise was barred by limitation - Is liable to be set aside - Change name in revenue record doesnot give cause of action

Citation

AIR 2010 SUPREME COURT 3240

2010(1) CTC 843

SUPREME COURT

(From : Punjab and Haryana)

TARUN CHATTERJEE , J. and AFTAB ALAM , J.

Civil Appeal No. 5339 of 2002, D/- 7 - 1 - 2010

Daya Singh and Anr v. Gurdev Singh through L.Rs

Limitation Act (36 of 1963), Art.58 - Suit for declaration - Limitation - Wrong entry in revenue records - Plaintiffs seeking declaration that they were in possession of land as owners and entry in revenue record should be corrected - Right to sue accrues when there was clear and

unequivocal threat to infringe that right by defendants by their refusal to admit claim of plaintiffs only seven days before filing suit - Question of filing suit before right accrued to them by compromise could not arise until and unless infringement of that right was noticed by one of parties - Suit filed within three years from date of infringement is not barred by limitation

- Finding that suit filed after 18 years of entering into compromise was barred by limitation - Is liable to be set aside. (Para 10)