Supreme Court of India

Prem Singh and Ors. v. Birbal and Ors.

Neutral citation

Bench S.B. Sinha and P.K. Balasubramanyan JJ.

Decided 2 May 2006

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

12 Supreme Court benches have cited this judgment.

What the Court ordered

Hence, we allow this appeal, setting aside the judgments and decrees of the High Court and that of the lower Appellate Court and restore the judgment and decree of the trial court. The parties are directed to bear their respective costs in all the courts.

Judgment, 701-C/D

From the headnote

Transfer of Property Act/limitation Act; Articles 27, 30 and 59: Execution of sale deed in respect of the land in dispute allegedly by a minor by showing him as major-Filing of suit later for declaration and partition of the land claiming himself to be a co-sharer in the property-Suit dismissed by trial Court as time-barred-Appeal allowed by the Appellate Court holding the sale deed void ab initio as it got executed by playing fraud on the vendor when he was a minor-Affirmed by the High Court-On appeal, Held: Though the limitation Act bars a remedy but it does not extinguish a right for filing a suit for possession of the property…

Authorities it was built on

1968 Ningawwa v. Byrappa & 3 Ors. cited by 9

Where later benches applied it

2025 Dharmrao Sharanappa Shabadi and Others v. Syeda Arifa Parveen relied on
2025 Shanti Devi (since Deceased) through Lrs. Goran v. Jagan Devi & Ors. relied on
2020 Rattan Singh & Ors. v. Nirmal Gill & Ors. Etc. relied on
2018 Jamila Begum (d) Thr. Lrs. v. Shami Mohd. (d) Thr. Lrs. & Another relied on
2025 P. Anjanappa (d) by Lrs v. A.P. Nanjundappa & Ors. referred to
2025 Sanjit Singh Salwan & Ors. v. Sardar Inderjit Singh Salwan & Ors. referred to
2025 Santosh Devi v. Sunder referred to
2024 Shri Mukund Bhavan Trust and Ors. v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle and Another referred to
2024 Opg Power Generation Private Limited v. Enexio Power Cooling Solutions India Private Limited & Anr. referred to
2023 Manik Majumder and Others v. Dipak Kumar Saha (dead) through Lrs. & Others referred to
2022 M/s Bhagwandas B. Ramchandani v. British Airways referred to
2019 Illoth Valappil Ambunhi (d) by Lrs. v. Kunhambu Karanavan referred to

Of those, 4 relied on · 8 referred to

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