Limitation actGovernment suitsSupreme Court of India

State of Madhya Pradesh v Bhailal Bhai

AIR 1964 Supreme Court 100619641 min read
The case in brief30-second read
Facts
The State of MP filed a suit for recovery of possession of immovable property. The suit was filed beyond 12 years from the date of dispossession. The State argued it should be entitled to a longer limitation period as government.
Issue
Whether the government enjoys a special or longer limitation period for suits to recover possession of property.
Held
Article 65 of the Limitation Act (12 years for suits based on title) applies to the government equally.
Principle
A suit by the government for recovery of possession of immovable property is also governed by Article 65 of the Limitation Act (12-year period). The government is not entitled to a longer or special limitation period for possession suits.
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Facts

  • The State of MP filed a suit for recovery of possession of immovable property
  • The suit was filed beyond 12 years from the date of dispossession
  • The State argued it should be entitled to a longer limitation period as government

Issue

  1. Whether the government enjoys a special or longer limitation period for suits to recover possession of property.

Held

  • Article 65 of the Limitation Act (12 years for suits based on title) applies to the government equally
  • The government is not entitled to special or longer limitation periods for possession suits
  • After 12 years, under Section 27, the government's title is extinguished just as a private person's would be
  • Equality before law applies to the State as litigant

Ratio decidendi

Government gets no special limitation period for possession suits. Article 65 (12 years) applies equally. After expiry, S.27 extinguishes even government title.

Exam use

How to use it in an answer

- Key line: "In State of MP v. Bhailal Bhai (1964), the Supreme Court held that Article 65 (12 years for possession suits) applies equally to the government. No special limitation period."

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Citation

State of Madhya Pradesh v. Bhailal Bhai AIR 1964 Supreme Court 1006

Reported: AIR 1964 SC 1006; verified via standard references. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.