Limitation Act, 1963, Article 65 -- Suit for declaration that plaintiff and defendants are owners and in joint possession with consequential relief of permanent injunction - Limitation would not commence on mere mutation entries but rather when there is a real threat to possession of plaintiff based on such actions that cause of action would be stated to have arisen - Suit..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Cause of action for filing suit accrued when disputed mutation came to the knowledge of plaintiff in the year 1999 - Suit has to be filed within 3 years from date when cause of action first accrued - Suit filed in the year 2006 is barred by limitation, though limitation has not been set up as a..........
Mutation -- Application alleged to be filed in the year 2003 in fact was submitted for first time in the year 2013 seeking mutation on the basis of Will executed in the year 2003 - Executor of Will died on the next day of executing the Will - No proceedings initiated for mutation for more than ten years - It is clear that deliberately a fraud has been committed in order..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Barred by limitation - As per plaintiff exchange effected by co-sharer behind plaintiffs back - However, revenue entries in jamabandi brought on record shows that mutation was effected long time back in year 1958 in joint khewat - Even, fact of exchange was well in knowledge of all parties..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration challenging two Wills - Bar of limitation - Wills in question were executed by father of plaintiff in favour of his two sons to the exclusion of plaintiff - Mutation was effected in 2004 on the basis of Wills of 1996 - Said mutation not challenged by plaintiff within period of limitation inspite of knowledge of..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants and their agents, successors, representatives from using alleged Wills - Wills in question were validly executed in favour of defendants by father of plaintiff - Mutation already granted in the name of beneficiaries and plaintiff failed to challenge the same within the period of..........
Limitation Act, 1963, Section 14 -- Exclusion of time - Challenge to sale deed to be illegal and void - Time spent in mutation proceedings cannot be set off while computing period of limitation...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 31 years in filing suit - Suit for declaration - Suit filed much beyond period of limitation - Plea of plaintiff that he came to know about existence of Will just two months prior to filing of suit is rightly negated by Courts below, as mutation on the basis of inheritance was sanctioned long back and that..........
Specific Relief Act, 1963, Section 34 -- Suit claiming joint ownership on basis of natural succession - Inheritance never remains in abeyance - Plaintiffs deemed to be in possession of every inch of joint land - Plea of defendant that suit filed by plaintiffs is barred by limitation for their failure to challenge mutation within period of 3 years from date of its sanction,..........
Mutation -- Limitation - No limitation is prescribed for filing mutation application u/s 34 of U.P. Land Revenue Act. (U.P.Land Revenue Act, 1901, S.34)...........
