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Results of limitation for mutation

Showing : 11-20 of 37 Results

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Land in disputed recorded in the name of one `B' after death of his father `K' - Petitioner did not challenge mutation entry immediately - During pendency of suit petitioner moved Revenue Court to seek his share in the property - Perusal of order passed by Revenue..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Limitation Act, 1963, Article 58 -- Suit for declaration - Mutation and Will challenged - Mutation sanctioned on 20.2.1988 and Will dated 4.12.1978 - Suit filed on 21.5.1991 - Neither any pleading nor evidence as to the date on which the plaintiff derived knowledge about the mutation and/or the Will - Held, suit is not filed within time...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Limitation Act, 1963, Section 58, 113 -- Right to sue - When plaintiff claims himself to be owner in exclusive possession of suit property - Right to sue accrued to plaintiff when defendant actually threatened to take forcible possession and not when the mutation was sanctioned in their favour - Under S.113 Limitation Act, limitation is three years from the date when the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Limitation - Starting point - When the right to sue first accrues - Cause of action does not arise on sanction of mutation of inheritance - Entry in revenue record does not provide any cause of action - Cause of action arises only when there is any threat to the title of the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Specific Relief Act, 1963, Section 34 -- Mutation of inheritance sanctioned in the name of heir in the year 1891 - Suit for declaration challenging right to inherit estate of natural father on account of adoption of said heir filed after 100 years - Contention that cause of action arose when mutation sanctioned therefore, suit barred by limitation. Held - Mere sanctioning..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 60, 62 -- Redemption of Mortgage - Limitation - Suit for possession by way of redemption -Mortgagor asserting mortgage of property effected vide Mutation dated 19-2-1919 - Exact date of mortgage not known/disclosed - Suit filed within 7 years of commencement of Limitation Act - Onus to prove suit beyond limitation on mortgagee -..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Specific Relief Act, 1963, Section 34, Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Suit for declaration - Limitation - Suit for declaration filed after 36 years of sanctioning of mutation - Mere entry of mutation in favour of defendant will not furnish cause of action to the file suit - Cause of action arises to plaintiff when defendant actually threatens to..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Limitation Act, 1963, Article 59 -- Limitation - Starting point - Mutation - Starting point of limitation is from the date of knowledge of sanctioning mutation and not from the date of sanctioning of mutation...........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2 -- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not..........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Adverse possession -- Co-owners - Long and continuous possession by itself would not constitute adverse possession - Possession of one co-sharer amounts to possession on behalf of other co-sharers unless there has been clear ouster by denying the title of other co-sharers - Mutation in the revenue record in the name of one co-sharer does not amount to ouster unless there..........

Showing : 11-20 of 37 Results