In Brief
The Supreme Court allowed an appeal against the High Court's order rejecting a title suit at the plaint stage under Order VII Rule 11 CPC. The plaintiffs sought declaration of title and confirmation of possession under Section 53A of the Transfer of Property Act based on a 1995 agreement. The High Court had rejected the plaint as barred by limitation and as unmaintainable against the actual owner. The Court held that when rejecting a plaint, courts must read the entire averments together, not in isolation. Limitation is a mixed question of fact and law unsuitable for preliminary rejection. Where a plaintiff claims possession pursuant to agreement, continuous occupation, tax payment, and seeks both injunction and statutory relief, the cause of action arises when possession is threatened, making the suit not time-barred. The appeal was allowed and the case remitted for trial.
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