Heirs’ 360-Sq-Ft Sale Claim Fails After Nearly 40 Years; Madras HC Says 1983 Order Is No Longer Enforceable

The appellants sought enforcement of an order dated 8 April 1983 directing the sale of specified properties to their occupants at fixed rates.

Their predecessor, the 34th respondent in that proceeding, allegedly paid Rs.6,750 in 1985 for the 360-square-foot property, but no sale deed was executed.

The appellants, claiming through him, later requested execution and registration of the deed; the Official Trustee advised that further orders of the Court were required.

The Single Judge dismissed their 2023 application, and the appellants appealed.

The Court applied the general principle that a decree or order must be enforced within the period prescribed by law and cannot be kept alive indefinitely; once that period has elapsed, the accrued right is unenforceable.

It also held that, in the circumstances of this case, the appellants had no enforceable right to compel the Official Trustee to sell trust property and convey title.

Even assuming that the predecessor paid the sale consideration, the appellants took no timely steps to enforce the 1983 order and filed their application only in 2023.

The Court concluded that the prescribed execution period had long expired, rendering any right under the order unenforceable.

Because the property was trust property administered by the Official Trustee, the appellants also could not compel its sale and conveyance as a matter of right.

It found no reason to interfere with the Single Judge’s dismissal, dismissed the appeal, and made no order as to costs.