The brothers also contented that the present proceedings were barred by the Limitation Act as the same allows filing of a suit only within three years of knowing about the decree or execution of the deed.
In the instant case, the brothers argued that the transfer deed was executed in 1990 and the suit was filed by the appellant in 1994.
However, Justice Sonak noted that the appellant had clearly testified that she filed the suit within six weeks of learning about the said deed. He pointed out that the brothers failed to prove that the appellant learnt about the said deed in 1990 itself.
“To my mind, this was a slender base to non-suit the Appellant on the limitation issue. The Trial Court failed to account for the evidence where the Appellant disclaimed knowledge about the Court proceedings to which she was not a party and, of course, the transfer deed,” the judge said.
With these observations, the bench quashed the said transfer deed and granted an injunction in favor of the appellant.
Source: Barandbench
