Adverse possession -- Pleading - In one breath it was pleaded that plaintiff is enjoying the long peaceful possession of suit property in question and in the next breath the pleading that plaintiff is using the property as owner for over twenty years and indicating that he is living since the time of his ancestors - Held, this pleading cannot be construed as a proper or..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Revisional Powers of Financial Commissioner - Limitation for exercise of power - Expression `at any time' - Revision u/s 18(6) filed after 25 years - Expression `at any time' does not mean indefiniate period - Financial Commissioner does not have unlimited powers to entertain a revision after lapse of several..........
Limitation Act, 1963, Section 3 -- Limitation - Question of - It is duty of Court to see whether suit is barred by limitation or not - Non consideration of said question may render judgment bad in law - However, judgment holds good till it is set aside or corrected as per procedure contemplated under law...........
Limitation Act, 1963, Section 3 -- Limitation - Plea of - In the absence of any plea of limitation raised by defendant, Court is not bound to record any finding on that aspect...........
Limitation Act, 1963, Section 3 -- Limitation - Suit barred by time - Court having jurisdiction passing decree - Such a decree cannot be treated as a nullity...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Possession of the flat taken by the petitioner in February, 1995 - Complaint alleging deficiency in service filed in 2001 - Held that without filing an application for condonation of delay, in terms of Section 24A of the CP Act, the complaint clearly time-barred...........
Limitation Act, 1963, Article 65(b), Hindu Succession Act, 1956, Section 14 -- Suit for possession - Plaintiff entitled to possession on the death of Hindu Females - Suit not filed within 12 years of death - Limitation period to start running from the date of death of the female - Possession of the defendant became adverse only from that date of death - Suit barred by..........
Consumer Protection Act, 1986, Section 19 -- Appeai - Limitation -Condonation of delay - Case closed for order in June 2004 - Order passed on 04.11.2004 - Copy sent to the appellant on 30.12.2004 and appeal filed on 07.03.2006 - No effort made to find out as to what happened to final order - No merit in application of condonation of delay...........
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Section 27 -- Mortgage - On expiry of period of limitation prescribed under the Limitation Act, the mortgagor would lose his right to redeem and the mortgagee becomes entitled to continue in possession as the full owner...........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61(a) -- Usufructuary mortgage - Redemption - Limitation - 30 years - When it is stipulated that mortgagee is entitled to be in possession till redemption then right to redeem accrues immediately on execution of the mortgage deed and mortgagor has to file a suit for redemption within 30 years..........
