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No Limitation Period For Execution Of Preliminary Decree For Partition

The Supreme Court, in Venu vs Ponnusamy Reddiar, has held that there is no limitation period for the execution of preliminary decree for partition.

In 1989, an application for execution of the decree was filed after 30 years of the preliminary decree for partition, which was passed in 1959. It prayed for the appointment of a court commissioner so as to carry out the preliminary decree. The  high court had rejected the contention that since the application had been filed for the appointment of court commissioner, it ought to governed by provisions of Article 137 of the Limitation Act 1963.

A bench comprising Justice Arun Mishra and Justice Amitava Roy observed that a preliminary decree for partition crystallises the rights of parties for seeking partition to the extent declared, the equities remain to be worked out in final decree proceedings and till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree.

 Article referred: http://www.livelaw.in/no-limitation-period-execution-preliminary-decree-partition-sc-read-judgment/

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