Full Judgment Text
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PETITIONER:
VENKAPPA GURAPPA HOSUR
Vs.
RESPONDENT:
KASAWWA C/O RANGAPPA KULGOD
DATE OF JUDGMENT: 03/04/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
Present:
Hon’ble Mr.Justice K. Ramaswamy
Hon’ble Mr.Justice D.P. Wadhwa
(Manoj Kumar Mishra) Adv. for A.S. Bhasme, Adv for the
appellant P.R. Ramasesh, Adv. for the Respondent
O R D E R
The following Order of the Court was delivered:
This appeal by special leave arises from the judgment
of the learned Single Judge of the Karnataka High Court,
made on July 30, 1984 in Second Appeal No.646 of 1976.
The appellant had filed a suit for specific performance
of the sale agreement dated August 9, 1959 in respect of the
land in Village Linganur for a consideration of Rs.10,200/-.
It is the case of the appellant that he paid as part
consideration a sum of Rs. 501/- on the said date and a
further sum of Rs.700/- on March 4, 1960. In the meanwhile,
the defendant filed suit No.9/60 for possession of the said
properties. The suit was decided in his favour on November
9, 1971. The appellant, therefore, issued notice for the
first time on August 22, 1972. Thereon, the respondent
denied execution of agreement. Then the appellant filed the
suit on November 5, 1972. Thus, according to the plaintiff
the suit was filed within limitation. The respondent has
denied the execution of the agreement of sale, but the
courts below have found that it is one of money transaction.
It is, therefore, clear from Suit No.9/60 it self that he
had asserted to be the owner of the property and the
property is unencumbered property. Therefore, no one has a
right to interfere with his possession. Thus, it could be
seen that the suit document itself was denied as early as in
1960. As a consequence, mere issuance of notice dated August
22, 1972 does not stop the running of limitation period.
Once the same has began to run, it runs its full course.
Therefore, the suit having been filed after the expiry of 3
years from the dated of the knowledge of denial, by
operation of Article 54 of the Schedule to the Limitation
Act, 1963, the suit is hopelessly barred by limitation. The
High Court, therefore, is right in dismissing the suit in
the second appeal.
The appeal is accordingly dismissed. No costs.
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