Suit for Partition and Declaration of Sale Deed executed by Father as invalid - Purchaser failed to prove that, property was sold for family necessity - Sale to Appellant, invalid - Limitation twelve years from date on which Alienee takes possession - Alienation in 2001, Suit filed in 2012 Suit filed within time.

Citation 

2024 (2) MWN (Civil) 281

IN THE HIGH COURT OF MADRAS

S. Sounthar, J.

S.A. No.25 of 2017

3.10.2023

V. Chandragantha.        .....Appellant

Vs.

R. Kanagaraj. 2. R. Vasanthi. 3. R. Rangasamy.                 ....Respondents

HINDU LAW -  Suit for Partition and Declaration of Sale Deed executed by Father as invalid - Trial Court dismissed Suit Appellate Court decreed Suit - Purchaser filed Second Appeal - Property ancestral in nature - Appellant failed to prove that property was sold for family necessity - Sale to Appellant, invalid - Plaintiff entitled for Partition - Second Appeal dismissed. (Para 11)

LIMITATION ACT, 1963 (36 of 1963), Article 109 Alienation of Ancestral property by Father - Limitation twelve years from date on which Alienee takes possession - Alienation in 2001, Suit filed in 2012 Suit filed within time - Held, Suit not barred by Limitation. (Para 14)

CASES REFERRED

Javeed Basha v. Rukkamma, 2015 (1) MWN (Civil) 673

9,10