Darshan Singh v Gurdev Singh

• The respondent was a minor when his father died. The appellant, a stranger, took possession of the property on the basis of a will found to be forged. The respondent attained majority on 17 April 1977 and sued for possession on 4 November 1982, within twelve years under Article 65 but more than three years after majority. The High Court decreed the suit.

1. Whether the suit was barred by S.8, having been filed more than three years after the respondent attained majority.

• S.8 is a proviso to S.6 and S.7: the extended period after cessation of the disability cannot exceed three years. The Court gave illustrations, including that where the ordinary Article 65 period is still running after the three years, that period remains available. On the facts the suit was barred, but because the appellant had come into possession on a forged will and the respondent had already recovered possession in execution, the Court declined to interfere under Article 136, observing that the respondent may not be entitled to mesne profits.

A person under disability gets a fresh start from cessation of the disability, but S.8 limits the extension under S.6 or S.7 to three years from cessation.