Perumal v. Selvi
Case brief
What is this about?
The High Court held that the limitation period for challenging a sale deed executed by a natural guardian runs from the date of the ward's majority under Article 60(a) of the Limitation Act. Since the suit was filed after the three-year period from majority, the appeal was allowed, confirming the lower court's dismissal.
What did the court decide?
The judgment and decree of the Subordinate Court were set aside, and the judgment and decree of the District Munsif Court were confirmed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 26.03.2021 PRONOUNCED ON : 07.04.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAVINDRAN
S.A.No.144 of 2009
Perumal ...Appellant/2nd Respondent/2nd Defendant
Vs.
1.Selvi ..1st Respondent/Appellant/Plaintiff 2.Angammal ...2nd Respondent/1st Respondent/1st Defendant
Prayer :- Second Appeal has been filed under Section 100 of CPC against the Judgement and Decree dated 31.07.2008 passed in A.S.No.29 of 2005 on the file of the Subordinate Court, Dharmapuri, reversing the judgment and decree dated 30.07.2004 passed in O.S.No.222 of 1998 on the file of the District Munsif Court, Palacode.
For Appellant : Mr.R.Selvakumar
For Respondent : Mr.S.Saravana Kumar No.1 For Mr.M.Sudhakar
Issues for consideration
3 issues framed by the court
Whether a Hindu widow loses succession rights to a deceased husband's estate upon remarriage.
Whether the limitation period for challenging an alienation by a natural guardian runs from majority or knowledge of the transaction.
Whether the sale deed executed by a natural guardian is voidable when alienation was for family necessity.
Parties & counsel
- appellant
Perumal
- respondent
Selvi
- respondent
Angammal
Coram
Case details
As recorded by the court registry
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