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Article 59 pertains to suits to cancel or set aside an instrument or decree or for the rescission of a contract with a
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The Supreme Court of India held in Shanti Devi v Jagan Devi that when a sale deed is void ab initio due to fraud or
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In Shanti Devi v Jagan Devi 2025 INSC 1105 on 12 September 2025 made it clear when a deed is fraudulent or a
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Sale how made Such transfer in the case of tangible immovable property of the value of one hundred rupees and upwards or in
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In State of Maharashtra vs Pravin Jethalal Kamdar 2000 SCC Online SC 522 it was held that in case of void and non est
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It is Article 59 and not Article 65 of the Schedule to the Limitation Act 1963 which would apply to the case in hand However
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Mutation presumption Revenue entries mutation do not validate a void transaction nor alter the limitation analysis
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However insofar as the issue of limitation was concerned the High Court differed and came to the conclusion that it
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On appeal the First Appellate Court Civil Appeal No 149 1991 reversed that decision on 07 10 1996 decreeing the
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