Supreme Court of India

Rajender Singh v Santa Singh

1973 ALLMR Online 375 (SC)19731 min read
The case in brief30-second read
Facts
The plaintiffs sued for possession of land held by the defendants, who had been in possession adversely for more than 12 years, partly while earlier litigation was pending.
Issue
Whether the suit was barred by limitation, and whether lis pendens or the earlier litigation stopped time running.
Held
The suit was barred. The defendants' open, hostile and continuous possession had exceeded 12 years under Arts.142 and 144 of the Limitation Act 1908. S.52 of the Transfer of Property Act does not stop limitation, time is excluded only where the Limitation Act provides for it, and S.14 did not apply because the earlier suit was on a different cause of action.
Principle
Limitation runs strictly under the Act; the doctrine of lis pendens does not suspend it.
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Facts

  • The plaintiffs sued for possession of land held by the defendants, who had been in possession adversely for more than 12 years, partly while earlier litigation was pending.

Issue

  1. Whether the suit was barred by limitation, and whether lis pendens or the earlier litigation stopped time running.

Held

  • The suit was barred. The defendants' open, hostile and continuous possession had exceeded 12 years under Arts.142 and 144 of the Limitation Act 1908. S.52 of the Transfer of Property Act does not stop limitation, time is excluded only where the Limitation Act provides for it, and S.14 did not apply because the earlier suit was on a different cause of action.

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Citation

Rajender Singh v Santa Singh 1973 ALLMR Online 375 (SC)

Reported: https://indiankanoon.org/doc/1802335/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.