Whether suit is in time or not ?
sandeep rane
(Querist) 21 June 2015
This query is : Resolved
Respected Members,
Plaintiff is a co – owner of room & was in possession of room. Room belongs to Maharashtra Housing Area Development Authority.
Other co owners illegally took possession of room from plaintiff & sold this room to third party without the consent of plaintiff & in collusion with third party & MHADA official by showing the other co owners as full owners.
Plaintiff has filed suit for declaration that
1.Sale deed executed by other co owners & third party be declared null & void.
2. Transfer of title of said room by MHADA on the name of third party be cancelled.
3. Possession of said room be given to the Plaintiff.
These are the principal prayers. Others are damages etc.
As per limitation act 1963 limitation for declaration is 3 years & 12 years for possession.
Suit has been filed after two years of cause of action i.e after plaintiff came to know about sale deed.
Plaintiff was disposses first & then sale deed register & transfer effected. Dispossession is prior of 9 months of sale deed. Hence as per limitation act suit is in time.
In the written statement defendant has taken the objection that suit is time barred in view of provision of Section 173 of Maharashtra Housing Area Development Act 1976
(MHADA in short) – This act is a Special or Local law.
“173. Notice of suit against Authority, etc.
No person shall commence any suit against the Authority or against any member of the Authority or of any Board or of any Panchayat or any officer or servant of the Authority or Panchayat or any person acting under the orders of the Authority or Board, or Panchayat for anything done or purporting to have been done in pursuance of this Act (including any contract thereunder), without giving to the Authority, member, officer or servant or person two months previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of.
Plaintiff states that suit is filled in respect of illegal act of MHADA & this act of MHADA of illegally transferring the titile on the name of third party can not be said to be done in pursuant of MHADA Act. Hence Section 173 of MHADA act is not applicable to this suit.
1. Whether this is correct submission by plaintiff ?
2. Whether suit is in time ?
Devajyoti Barman
(Expert) 22 June 2015
who are you and how are you connected with this query?
sandeep rane
(Querist) 22 June 2015
Respected Devajyoti Barman Sir,
I am a Plaintiff.
I wiil be grateful to you if you guide me.
Thank you.
R.K Nanda
(Expert) 23 June 2015
case complicated and thus go for click to talk option.
Vinesh K Chhaya
(Expert) 28 June 2015
Co partner can sale his share and the purchaser will have to lodge partition suit to decide for which share he belongs to...
otherwise the whole saledeed will ab initio void (Void from beginning)
