Gurappa Hosur Vs. Kasawwa C/o Rangappa Kulgod  INSC 384 (3 April 1997)
RAMASWAMY, D.P. WADHWA
Mr.Justice K. Ramaswamy Hon'ble Mr.Justice D.P. Wadhwa (Manoj Kumar Mishra)
Adv. for A.S. Bhasme, Adv for the appellant P.R. Ramasesh, Adv. for the
Respondent O R D E R The following Order of the Court was delivered:
appeal by special leave arises from the judgment of the learned Single Judge of
the Karnataka High Court, made on July 30, 1984 in Second Appeal No.646 of 1976.
appellant had filed a suit for specific performance of the sale agreement dated
August 9, 1959 in respect of the land in Village Linganur for a consideration
the case of the appellant that he paid as part consideration a sum of Rs. 501/-
on the said date and a further sum of Rs.700/- on March 4, 1960. In the meanwhile, the defendant filed suit No.9/60 for
possession of the said properties. The suit was decided in his favour on November 9, 1971. The appellant, therefore, issued
notice for the first time on August 22, 1972.
Thereon, the respondent denied execution of agreement. Then the appellant filed
the suit on November 5,
1972. Thus, according
to the plaintiff the suit was filed within limitation. The respondent has
denied the execution of the agreement of sale, but the courts below have found
that it is one of money transaction.
therefore, clear from Suit No.9/60 it self that he had asserted to be the owner
of the property and the property is unencumbered property. Therefore, no one
has a right to interfere with his possession. Thus, it could be seen that the
suit document itself was denied as early as in 1960. As a consequence, mere
issuance of notice dated August
22, 1972 does not stop
the running of limitation period.
the same has began to run, it runs its full course.
the suit having been filed after the expiry of 3 years from the dated of the
knowledge of denial, by operation of Article 54 of the Schedule to the
Limitation Act, 1963, the suit is hopelessly barred by limitation. The High
Court, therefore, is right in dismissing the suit in the second appeal.
appeal is accordingly dismissed. No costs.
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