JHARKHAND HIGH COURT ISSUES ORDER FOR TILA DEVI AND ORS. V/S AKBAR KHAN AND ORS.

RANCHI, India, Sept. 9 -- Jharkhand High Court issued the following order on July 8:

1. Heard the learned counsel for the appellants and the learned Amicus appearing for the respondents.

2. This second appeal was admitted vide order dated 23rd September, 2019 on the following substantial question of law:-

"Whether in view of Section 31 of the Specific Reliefs Act, unless and until a sale-deed is declared null and void by a court of competent jurisdiction, it shall not be deemed to be cancelled by a deed of cancellation and only be executed if it is not declared the deed null and void by a competent court."

3. The learned counsel for the appellants has submitted that due to inadvertence the aforesaid substantial question of law has been framed. He submits that in fact the suit was amended challenging the sale deed no. 1720 of 1996 and therefore the aforesaid substantial question of law does not arise for consideration in this case.

4. However, he submits that there is an additional substantial question of law which is involved, that is on the point of limitation. The learned counsel has also submitted that the sale deed was of the year 1996 and the suit was filed in the year 2003. He has also submitted that it is for the court to consider the point of limitation which has not been properly considered. The suit was filed much beyond the date of execution of the sale deed and therefore it was barred by limitation.

5. The learned Amicus has submitted that certainly the substantial question of law as framed does not arise for consideration in this case in view of the prayer made in the suit itself as the sale deed was under challenge. So far as the point of limitation is concerned, he has submitted that the learned trial had decided the point of limitation in favour of the defendants and the learned 1 st Appellate Court after elaborate consideration of materials on record had decided the issue vide point no. 3 and has held that the limitation would commence from the date of knowledge and on the basis of cause of action which was supported by the evidences adduced on behalf of the parties. The learned 1st appellate court held that the suit was not barred by limitation. The learned Amicus submits that the finding on the point of limitation is elaborate and well founded and therefore there is no substantial question of law involved in this case.

6. After hearing the learned counsel for the parties and considering the facts and circumstances of this case and upon perusal of the plaint as amended and also submission of the learned counsel for the appellants , the substantial question of law as formulated vide order dated 23.09.2019 does not arise for consideration as the sale deed was under challenge in the suit. So far as the point of limitation sought to be raised by way of additional substantial question of law, this court finds that the learned 1 st Appellate Court has elaborately discussed the materials on record while reversing the findings of the learned trial court on the point of limitation. No perversity with respect to appreciation of evidence by the learned 1st appellate court has been pointed out by the learned counsel for the appellant while deciding the point of limitation.

7. Considering the aforesaid facts and circumstances, this court is of the view that no substantial question of law on the point of limitation arises for consideration in this case. In view of the aforesaid circumstances, the substantial question of law as already framed vide order dated 23.09.2019 need not be answered in view of the submissions made by the learned counsel for the appellant and so far as proposed additional substantial question of law is concerned, there is no substantial question of law. Accordingly, this second appeal is hereby dismissed.

8. Before parting, this Court observes that vide order dated 29.07.2025, Mr. Akhouri Prakhar Sinha, Advocate was appointed as an Amicus Curiae in this case by this Court. I record my appreciation for the valuable assistance accorded by the learned Amicus Curiae in final disposal of this case who could prepare in a short period of time and effectively assisted this Court in the matter. The Secretary, Jharkhand High Court Legal Services Committee is directed to ensure that the legal remuneration of the learned Amicus Curiae is duly paid to him within a period of 4 weeks upon submission of bills by him @ Rs.5500/- per day subject to the cap of maximum permissible amount.

9. The office is directed to provide a copy of this order to Mr. Akhouri Prakhar Sinha, the learned Amicus Curiae and also forward to the Secretary, Jharkhand High Court Legal Services Committee for needful.

Disclaimer: Curated by HT Syndication.