SARJIT SINGH AWLA Vs. KULDEEP SINGH AWLA

JUDGEMENT

(1.) I.A. No.12881/2014 (u/O 7 Rule 11(d))

(2.) THIS is an application filed by the defendant seeking rejection of the plaint on the ground of limitation. Submission is that the plaintiff has instituted the present suit for declaration, possession, permanent injunction and damages. The plaintiff is seeking declaration to the effect that the plaintiff by virtue of a relinquishment deed dated 21.01.2008 had not relinquished his right, title or interest in favour of the defendant with respect to the suit property. Submission is that the present suit which has been filed in the year 2014 qua the relinquishment deed which is admittedly of the year 2008 is beyond the period of limitation. Attention has been drawn to the power of attorney dated 17.9.2007 pursuant to which this relinquishment deed had been executed. Submission being reiterated that on all counts the suit of the plaintiff having been filed after more than six years from the date on which cause of action had arisen is barred by limitation. Additional submission being that there is no averment in the plaint whatsoever that the plaintiff learnt about the fate of the relinquishment deed at any later point of time which would enlarge the period of limitation.

(3.) ARGUMENTS have been heard. Record has been perused.