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Supreme Court of India 2020-07-09 dismissed

DAHIBEN vs ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR LRS & ORS

Bench: 2 — L. Nageswara Rao, Indu Malhotra

In Brief

This case involved a dispute over the cancellation of a registered agricultural property sale deed. The plaintiffs sold land for Rs. 1,74,02,000 in 2009, and later claimed in 2014 that most payment cheques were fraudulent and unpaid. The Supreme Court dismissed their suit, holding that: (1) even if non-payment were admitted, a registered sale deed cannot be cancelled once title has passed; (2) the suit was barred by the three-year limitation period under Article 59 of the Limitation Act; and (3) the plaintiffs had deliberately crafted a false cause of action through clever drafting to overcome limitation. The Court awarded costs against the appellants.

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Limitation Civil Procedure Property Law Registration of Deeds Cause of Action

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