In Brief
Karam Singh sought a declaration of ownership and possession of land allegedly inherited through succession from Kartar Kaur, challenging a will set up by the defendants. The High Court rejected the suit as barred by limitation, relying on the age of the will and prior litigation. The Supreme Court held that plaint rejection under Order 7 Rule 11 CPC must be based solely on plaint averments, not defenses. Since the suit primarily sought possession (governed by a 12-year limitation period under Article 65), and was filed within three years of mutation proceedings culminating in 2017, it was timely filed. Mutation entries do not confer title. The Court restored the trial court's order, directing the suit to proceed, and clarified that defects of title and adverse possession are questions of fact to be determined at trial, not at the plaint stage.
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