In Brief
The respondent (Chhatrapati Udayan Raje) filed a suit in 2009 claiming ownership of lands in Yerawada, Pune, that he alleged were granted to his ancestors as a revenue grant. The properties had been sold at court auction in 1938 and conveyed by registered sale deed in 1952 to the appellant Trust. The appellant applied to reject the plaint under Order VII Rule 11(d) CPC as barred by limitation. The trial court and High Court rejected this application, holding limitation a mixed question requiring trial. The Supreme Court allowed the appeal, holding that the suit was manifestly barred by limitation. The plaintiff's right to sue accrued in 1938/1952 when properties were conveyed; the alleged cause of action in 2007 was fictitious. The claim fell under Articles 58, 59 and 65 of the Limitation Act, all requiring action within 3-12 years of the right accruing. The plaint was rejected at the threshold without trial.
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