Computation of limitation period for declaration that sale deed be set aside
sandeep rane
(Querist) 15 January 2015
This query is : Resolved
Plaintiff got oral information about transfer of property on the name of defendant in may 2011.
Thereafter in 2011, Plaintiff apply for documents in respect of this to government office under RTI & got copy of Sale Deed in 2012.
Now Plaintiff wants to file suit for declaration that this sale deed be cancelled & set aside.
Article 59 of the Limitation Act is attracted. It say that limitation period is 3 years:
When the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first becomes known to him.
From when the limitation period will be calculated from 2011 or from 2012 ? Please reply.
Thanking you.
Devajyoti Barman
(Expert) 16 January 2015
The time starts from the date when the plaintiff first came to know about such instrument to be set aside.
Since the certified copy was obtained in the year 2012 , he can always take this plea of information in the year of 2012 only to save limitation.
Rajendra K Goyal
(Expert) 16 January 2015
Since the information was received in 2011, limitation would start from that date.
ajay sethi
(Expert) 16 January 2015
when did you file application under RTI?
sandeep rane
(Querist) 16 January 2015
Thank you for your reply.
RTI application was filled immediately after getting information in 2011 but They did not give information in time & in 2012 they gave only certain documents which include sale deed & therefore after the order of state Information commission they gave all the document like affidavit, agreement to sell, power of attorney etc. in 2015.
Thanking you.
venkatesh Rao
(Expert) 16 January 2015
While filing application for documents, it is presumed that there existed something of which the applicant is not sure. The knowledge is when he receives the copy and as such burman is right.
sandeep rane
(Querist) 16 January 2015
Thank you all once again.
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
Mere unconfirmed information will not be construed as knowledge about the reported sale of the property, hence the limitation will start from the day on which the copy of the sale deed was received.
Dr J C Vashista
(Expert) 22 January 2015
I agree with the opinion and advise of experts, the limitation shall start from date of receipt of copy of Sale Deed through the reply of RTI application.
sandeep rane
(Querist) 22 January 2015
Thank you very much T. Kalaiselvan sir & Dr J C Vashista sir and all the experts for your valuable guidance.
