Partition suit - Sale before 2005 by male members - daughters not challenged within limitation - Plaintiffs suppressed material fact of PoA, disqualified them from claiming relief -

Citation 

AIROnline 2024 MAD 731

Madras High Court

P. B. BALAJI , J.

C.S. - 114 of 2009 D/- 7 - 6 - 2024

V.Jeeva (Deceased) by Lrs. v. R.Devi

Specific Relief Act (47 of 1963), S.34, S.38

- Limitation Act (36 of 1963), S.27 - Suit

for partition and permanent injunction -

Daughters of original owner were not shown as vendors in Sale Deed - Joint PoA was executed by LRs of original owner in favour of 21st defendant - Sale Deeds were executed based on said PoA, transferring possession to third-party purchasers - Witness admitted

knowledge of PoA - If daughters had any

grievance about Sale Deeds executed by

PoA, they should have contested within 3

years - First plaintiff did not take any

action against PoA, brothers or third-party

purchasers for over 12 years - Plots were

laid out and sold to third parties by 1994

and purchasers took physical possession -

S.27 of Limitation Act provides that right

to property extinguishes if no suit is filed

within prescribed period - Daughters had

12 years from execution of PoA to contest

but did not, hence their rights extinguished

after 14 years - Plaintiffs suppressed material fact of PoA, disqualified them from claiming relief - Plaintiffs claim regarding schedule 'A' property was dismissed due to lapse of limitation period and suppression of facts - Plaintiffs were held entitled to partition and separate possession of schedule 'B' property.  (Paras 23 , 24 , 26 , 27