When does limitation begin for cancelling a registered sale deed under Article 59 of the Limitation Act?

From the date of registration. Where a portion of the property has been conveyed by court auction and registered and another portion by a registered sale deed, there is a constructive notice from the date of registration and the presumption under Section 3 of the Transfer of Property Act comes into operation, possession itself operating as notice of title. The limitation period for setting aside the sale deed would start running from the date of registration and, as per Article 59 of the Limitation Act, 1963, after three years of the registration the plaintiff is barred from seeking cancellation of the registered sale deed or the decree.

Code of Civil Procedure, 1908 — Or.VII r.11(d) — Or.XXIII r.3A — Limitation Act, 1963 — Art.59 — Art.65 — Transfer of Property Act, 1882 — s.3 — Rejection of plaint — Constructive notice — Code of Civil Procedure, 1908 — Or.VII r.11(d) — Plaint hopelessly barred by limitation — Held: Though limitation is generally a mixed question of law and facts, a plaint may be rejected under Order VII Rule 11(d) where a meaningful reading, after dissecting the vices of clever drafting creating an illusion of cause of action, shows the suit hopelessly barred. (¶18, 26) Limitation Act, 1963 — Art.59 — Transfer of Property Act, 1882 — s.3 — Limitation runs from registration — Held further: Registration operates as constructive notice and attracts the presumption under Section 3 of the Transfer of Property Act. Limitation for setting aside a registered sale deed runs from the date of registration and expires three years thereafter. (¶16, 20) Code of Civil Procedure, 1908 — Or.XXIII r.3A — Bar binds a stranger to the compromise — Held further: The bar under Order XXIII Rule 3A is applicable to third parties as well, so a stranger to the compromise cannot seek a declaration that the compromise decrees are void; the only remedy is to approach the same court. Appeal allowed; plaint rejected. (¶25, 27)

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