Specific Relief Act, 1963

— S. 31 — Void deed of sale of immovable property — Interest of minor purportedly conveyed by — Course open to minor on attaining majority — Limitation period applicable — Held, such minor would have two options in filing a suit to get the property purportedly conveyed under such a deed of sale — He could either file the suit within 12 years of the deed or within 3 years of attaining majority, (2006) 5 SCC 353-A

Limitation

Limitation Act, 1963

— Art. 59 — Applicability — Held, is applicable only to voidable transactions and not to void transactions — It therefore applies where a document is prima facie valid and would not apply to instruments which are presumptively invalid — Hence Art. 59 would be attracted in case of coercion, undue influence, misappropriation or fraud when the transaction is a voidable one, (2006) 5 SCC 353-B

Specific Relief Act, 1963

— Ss. 31, 5, 6 and 34 — Void deed of sale of immovable property — Party claiming interest in the property — Course open to — Limitation period applicable — Held, if plaintiff is in possession of the property, he may file for declaration that the deed is not binding upon him — However, if he is not in possession he may sue for possession and the limitation period as under Art. 65, Limitation Act would be applicable — Hence it was not true that provisions of the Limitation Act would have no application at all in the event the transaction is held to be void, (2006) 5 SCC 353-C

Specific Relief Act, 1963

— S. 31 — Void ab initio document — Need, if any, for a decree setting aside such a document — Held, there is no need of a decree in such a case, as such document would be a nullity, (2006) 5 SCC 353-D

Contract Act, 1872

— Ss. 17 to 19 — Fraudulent misrepresentation — Document/transaction when void and when voidable — Held, when fraudulent misrepresentation is with respect to character of document, it is void, and when it is with respect to contents of document, it is voidable, (2006) 5 SCC 353-E

Specific Relief Act, 1963

— S. 31 — Cancellation of registered document — Presumption of valid execution of registered document — Existence of — Onus of rebuttal of the presumption, held, is on person who leads evidence to rebut the presumption, (2006) 5 SCC 353-F

Limitation

Generally

— Nature of limitation provisions — Held, limitation ordinarily bars a remedy but does not extinguish a right — Though, S. 27, Limitation Act, 1963 is an exception to this principle, (2006) 5 SCC 353-G

Limitation

Limitation Act, 1963

— S. 3 — Suits to which Limitation Act applicable — Held, provisions of the Act, prima facie would be attracted in all types of suits, (2006) 5 SCC 353-H