Supreme Court of India

Utha Moidu Haji v Kuningarath Kunhabdulla

AIROnline 2006 SC 524; Civil Appeal No. 4811 of 200020061 min read
The case in brief30-second read
Facts
In 1963 the plaintiff's guardians executed a sale deed of family property on behalf of the minors, including the plaintiff. The trial court found that he attained majority by 30 July 1974. He sued in March 1981 to recover his share, disregarding the sale. The trial court held the suit barred under Article 60(a); the first appellate court and the Kerala High Court ruled for the plaintiff.
Issue
Whether the suit, filed more than three years after the plaintiff attained majority, was barred by limitation.
Held
The only question was whether Article 60 applied, and it did. The suit was barred. The judgments of the High Court and the first appellate court were set aside, the trial court's judgment was restored, and the appeal was allowed.
Principle
A ward must sue to set aside a transfer made by his guardian within three years of attaining majority (Article 60(a), Limitation Act)
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Facts

  • In 1963 the plaintiff's guardians executed a sale deed of family property on behalf of the minors, including the plaintiff. The trial court found that he attained majority by 30 July 1974. He sued in March 1981 to recover his share, disregarding the sale. The trial court held the suit barred under Article 60(a); the first appellate court and the Kerala High Court ruled for the plaintiff.

Issue

  1. Whether the suit, filed more than three years after the plaintiff attained majority, was barred by limitation.

Held

  • The only question was whether Article 60 applied, and it did. The suit was barred. The judgments of the High Court and the first appellate court were set aside, the trial court's judgment was restored, and the appeal was allowed.

Ratio decidendi

A transfer by a guardian binds the ward unless he sues to set it aside within three years of attaining majority under Article 60(a).

Exam use

How to use it in an answer

Use with S.6 and S.8 to show the three-year window after majority, and in questions on transfers by guardians.

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Citation

Utha Moidu Haji v Kuningarath Kunhabdulla AIROnline 2006 SC 524; Civil Appeal No. 4811 of 2000

Reported: https://indiankanoon.org/doc/1290397/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.