The Supreme Court on 17.09.2018, in Ponnayal @ Lakshmi v Karuppannan (Dead) Thr. L.R. Sengoda Gounder & Anr. , dismissed the appeals of the appellant where the appellant along with her mother in the concerned case had filed a suit pertaining to Partition followed by separate possession that was dismissed by the Subordinate Judge which was further upheld by the High Court .The Review Application filed by the appellant had also faced rejection by the Appellant Court. Being aggrieved by the decision judgment of the appellant an appeal was filed by the appellant before the Hon’ble Supreme Court of India.

There was a partition deed that was registered between the heirs of the deceased however a ‘A’ scheduled property that apparently fell in the territory of the deceased and his sons was also claimed by the appellant and her mother as she contested that she was the sole surviving heir to the deceased while the sale deed that was executed was by misusing the lunacy of the deceased by the defendant hence making the deed illegal. Since, the defendants were in disagreement in seeking a partition as such the appellant had to resort to a civil suit.

After considering the contentions from both the sides the trial court dismissed the suit by upholding that the plaintiffs had no right in questioning the sale deed and that the suit was time barred as a result the defendants have established their claim over the disputed property by means of adverse possession.When the matter was brought before the High Court, it opined that the matter the suit was time barred by limitation. Also the terms and conditions pertaining to the Compromise Decree with reference to depositing a sum within a time limit was also not fulfilled the making her lose the claim over the property.

The Apex Court bieng satisfied  with the findings of the lower courts, thus dismissing the appeals.

https://www.sci.gov.in/supremecourt/2016/26667/26667_2016_Judgement_17-Sep-2018.pdf