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2017 (11) TMI 1994 - HC - Indian LawsValidity of sale deed - it is stated that the petitioner by playing fraud got executed a registered sale deed in her favour from Ratanbai with respect to the suit property - plaintiffs were having knowledge of the sale deed or not - present suit filed nearly after lapse of 6 years - whether the suit is barred by time or not? - HELD THAT:- The undisputed facts reveal that plaintiff No. 1 himself was a witness to the sale deed in question. The wife of the plaintiff No. 1 was again witness to the sale deed in question which was executed on 23.1.2010. A certified copy was also obtained by them on 16.7.2010 and undisputedly, the civil suit has been filed on 3.2.2016. This Court in the case of LEELADHAR, NARENDRA KUMAR, UMRAOBAI VERSUS ANWAR PATEL, SMT. RAMIBAI, DALIPSINGH, MOHANSINGH [2016 (3) TMI 1437 - MADHYA PRADESH HIGH COURT] held that It is also clear that the present suit filed in the year 2011 to challenge the sale deeds of the year 1995 i. e. after 16 years is clearly barred by time, while the period of limitation is only 3 years. It is also not in dispute that the petitioners' name in the revenue record were also recorded in the year 1995. Thus, the suit filed by the respondent No. 1 is clearly barred by limitation. In light of the aforesaid judgment it can be safely gathered that the plaintiffs were having knowledge of the sale deed which was executed in the year 2010 and therefore, as the limitation provided is only three years for challenging the sale deed, the issue framed by the trial Court in respect of limitation has to be answered in favour of the defendants. As civil suit was filed after six years from the date of execution of the sale deed praying declaration of sale deed as null and void, the suit was certainly barred by limitation in light of Article 59 of the Limitation Act - the revision stands allowed and the suit is dismissed as it is barred by limitation.
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