RAMESHWER DUBEY Vs. MASOMAT ASHA KAUR

JUDGEMENT

(1.) Though notice was served on the legal heirs of the 1st respondent and the counsel who had appeared earlier and had taken time has now reported that in spite of his writing three letters, there is no response from them. The legal heirs are brought on record.

(2.) Leave granted.

(3.) The only question that arises for consideration in this case is which Article of the Schedule to the Limitation Act, 1963 (for short "the Act") would be applicable to the facts in this case The courts below found as a fact that though the sale deed was executed on 12/7/1966 by Asha Kaur, the first respondent in favour of one Ganesh Missir, it was found that Ganesh Missir had played fraud upon her and that, therefore, the sale deed is vitiated by fraud. She remained in possession till 14/12/1970 and, therefore, the sale deed does not bind her. She filed a suit against the defendants including the appellants who came to have another sale deed dated 14/12/1970 pursuant to which the plaintiff was sought to be dispossessed. She filed the suit within three years for adjudication under Section 31 of the Specific Relief Act that the sale deeds are void and for injunction when she was sought to be dispossessed on 15/2/1973 under the sale deed. It was also her contention that the second sale deed also was vitiated by fraud because of her incapacity and illiteracy. That also found favour with the courts below and the High court. Accordingly, her suit came to be decreed.