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Rajender Singh v. Santa Singh, AIR 1973 SC 2537 | BareLaw
The case of “Rajender Singh v. Santa Singh, AIR 1973 SC 2537“it discusses property possession, inheritance rights and application of Limitation Act.
Background and Property Dispute
In the year 1935, Smt. Sham Singh’s widow Malan gifted the plaintiffs and Smt. Khemi, a younger sister of Smt. Premi two plots of land which belonged to them with sham as their father. They have full ownership of these plots. Plaintiffs claimed entire land after childless Smt.Khemi had passed away in 1944 but defendants who were remotely related to Sham Singh disputed this position.
Legal Proceedings and Challenges
However, since the family comes from Punjab where customary law was applicable for Punjab they argued that claimants have no rights under customary law which governed them as parties in issue.Suit under the Act was stayed by an order of court made under Indian Soldiers (Litigation) Act in 1925.. Revenue courts had earlier decided another dispute concerning mutation of names in favor of plaintiffs in 1946.The defendants’ suit for declaration of right and possession was renumbered then ultimately decided by Punjab High Court against defendant on August30th1958.
The 1959 Suit and Limitation Act Considerations
In this case, defendants asserted that they entered into possession immediately after the High Court held that land belongs to plaintiffs.They claimed exclusive adverse possession since death of Sri Khemi occurred on 18th February 1944 until institution of present suits.Accordingly, they pleaded limitation as bar to plaintiffs suit.
Legal Implications and Interpretation of Law
This case has raised very important questions regarding interpretation about article142of limitation act1908 dealing with possession/dispossession.The contention between parties centered on how one person can acquire title by adverse possession over twelve years which is a critical aspect in property law where a person not original owner becomes legal owner because he has been in adverse possession of the property for certain period.
Understanding the complexities of property law, inheritance rights, and the application of the Limitation Act in Indian jurisprudence is made possible thanks in large part to the case of “Rajender Singh v. Santa Singh”. In evaluating property rights, it emphasizes the importance of possession and the idea of adverse possession, particularly in situations involving family inheritance and customary rules.
