Supreme Court: Possession suit barred by limitation, appeal dismissed
The Supreme Court held that the possession suit was barred by limitation, the plaintiffs were estopped, and Section 53A could not be invoked, dismissing the appeal.
The Supreme Court, by a two‑judge bench comprising Justice Aravind Kumar and Justice Vipul M. Pancholi, dismissed the appeal filed by the heirs of Sohan Singh in Smt. Rano Singh v. Sh. Gurbax Singh (D) Th Lrs, affirming the lower courts’ order that the possession suit concerning Plot No 8, Friends Colony, was time‑barred.
The plaintiffs contended that the Society had fraudulently transferred the plot to the defendant despite an earlier agreement to sell the land to Sohan Singh, which required the buyer to commence construction within three years. They argued that the suit was not barred by limitation, that the Society was estopped from relying on the transfer, and that Section 53A of the Transfer of Property Act could be invoked on the basis of part‑performance.
The Court observed that a letter dated 4 October 1954 from the plaintiff relinquished any contractual duty, that the Society’s transfer to the defendant was lawful, and that the defendant had remained in continuous possession since 1954. It held that the limitation periods under Articles 54, 59 and 64 had expired, that no fraud was established, and that the conditions for part‑performance under Section 53A were not satisfied. Consequently, the appeal was dismissed and the High Court’s judgment was affirmed without any order as to costs.
Read the judgment and its head note on DLJ: Smt. Rano Singh vs Sh. Gurbax Singh (D) Th Lrs (2026 INSC 1137).