RAGHWENDRA SHARAN SINGH Vs. RAM PRASANNA SINGH

JUDGEMENT

(1.) Shivaji Singh, learned counsel for the petitioner and Mr. Siddheshwari Prasad Singh, learned Senior counsel for the petitioner.

(2.) The suit in question giving rise to Title Suit No. 19 of 2003 has been filed by the plaintiff-sole opposite party for the following reliefs:

(3.) The plaintiff happens to be the own father of the petitioner. It is the case of the plaintiff that for the purpose of securing loan, the deed of gift in question dated 6.3.1981 was executed along with some others in favour of the defendant but in effect no title was to pass on the said defendant and which is manifest from the recitals of the deed. It is further the case of the plaintiff that for the first time he became aware of the fact that this defendant was trying to take benefit of the gift deed, is when he received the copy of the plaint in Title Suit No. 203 of 2001 filed by this defendant. It is the case of the plaintiff that following the receipt of notice in the said partition suit he became aware of the design of the defendant and he has chosen to file the suit in question. Mr. Singh, learned counsel for the petitioner has submitted that in view of the provisions underlying Article 59 of the Limitation Act, the suit at best could have been filed within three years of the execution thereof and not thereafter. It is further the case of the defendantpetitioner as advanced by Mr. Singh, that the explanation given by the plaintiff in moving the Court after receipt of the plaint in Title Suit No. 203 of 2001 cannot out weigh the limitation and the suit is hopelessly barred, and the trial Court should have held as such. Mr. Singh in support of his submission has relied upon the following judgments of the Supreme Court: