The Madras High Court has dismissed a batch of civil revision petitions filed by a private company.
The petitions sought to strike off the plaints in civil suits that were filed before the District Munsif Court, Ambattur. They related to a piece of land in Morai village in the then Chengalpattu district.
The suits had been filed by Rajendra Raja seeking to declare the 39 sale deeds executed by Amaravathy Cranes and Structural Pvt. Ltd., for purchasing 165 acres in 1965 as null and void. Raja claimed that his great-grandfathers owned the property and that he was one of the legal heirs. His ancestors had alienated a portion of the land. Some of the ancestors had also bequeathed their share to their respective heirs by executing documents.
In the civil revision petitions, the company contended that Mr. Raja was guilty of delay. He could not institute suits 46 years after the sale deeds were executed. Section 3 of the Limitation Act was a clear bar.
Justice K. Chandru said it was contended that under Section 3 of the Limitation Act read with Article 59 of the Act, the suit would have to be filed within three years. However, Article 59 itself gave further leverage by stating that a suit for cancellation of an instrument or the setting aside of decree or for rescinding a contract could be filed within three years of the plaintiff coming to know of it.
Therefore, it could still be open to Mr. Raja to argue that he came to know of the facts first only within three years before the plaints were lodged in the trial court. Therefore, the court could not reject the plaints.
The company having not moved the trial court for relief, the High Court exercising its supervisory power was not inclined to reject the plaints. It was for the company to take appropriate steps before the court concerned, the Judge said.
