P.T. Raveendran vs K. Radha
2021 Latest Caselaw 12535 Ker

                      SUNIL THOMAS, J.
           -------------------------------------------
                   R.S.A. No. 396 of 2021
           -------------------------------------------
           Dated this the 24th day of May, 2021

                           ORDER

Heard. Admit.

Issue notice to the respondent by speed post on the

substantial questions of law as follows:

1) Whether the Courts below erred in assuming that the cause of action arose on 03.02.2016 for determining the question of limitation, especially in the light of the judgments reported in (2020) 7 SCC 366 - paragraph 14, (1991) 4 SCC 1 etc., wherein it is held that in suits with multiple causes of action the period of limitation will begin to run from the date when the right to sue first accrued ?

2) Whether the lower appellate court misconstrued Section 8 of the Transfer of Property Act and erred in holding that inspite of the execution and registration of Ext.A1 deed, title has not passed on to the defendant ?

3) Is the proper remedy available to the plaintiff in the given facts and circumstances of the case is to sue for specific performance of the re-conveyance clause in Ext.A2 agreement ?

There will be an interim stay of execution of the

judgment of the court below for two months on condition that

the petitioner shall not alienate, encumber or otherwise, put

third parties in possession of the property than with the

permission of the Court.

Post after service is complete.

Sd/-

SUNIL THOMAS, JUDGE

SKP/24-5