Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that cancellation of gift deed is not legal - Wife was not party to cancellation of gift deed executed by husband - She is thus, not bound by such deed - Wife sought both declaration of title over property and cancellation of cancellation deed - Limitation is applicable u/art 58 of the Act which..........
Limitation Act, 1963, Article 58 -- Limitation - Right to sue - Suit for declaration that cancellation of gift deed is not legal - Plaintiff needs to have actual or perceived threat to character of his right to reckon limitation - Mere challenge to title is not sufficient to hold that right to sue accrued on the date of challenge...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that deed of cancellation of gift deed and deed of transfer is invalid, null and void - Donor had no authority to revoke gift deed - Hence, subsequent documents i.e transfer of property were in themselves without authority and null and void - Declaration was only incidental to title and possession of..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for cancellation of gift deed - Suit filed after lapse of more than 21 years - Cancellation of gift deed or any other declaration has to be made within three years when right to sue first accrues as per Art.58 of the Act - Suit is barred by limitation...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of gift deed - Limitation is three years which begins to run when fact entitling plaintiff to have the instrument or decree cancelled or set aside or contract rescinded first became known to him - In the instant case factum of entitlement to cancel the gift deed came into the knowledge of plaintiff on..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of gift deed - Contentious issue between parties regarding plaintiff's entitlement for exclusion of period during which earlier suit remained pending, which is a mixed question of law and fact - To be decided by Court on the basis of evidence to be led by..........
Limitation Act, 1963, Article 59 -- Cancellation of gift deed - Suit not filed within three years of execution of gift deed nor within three years from date of knowledge - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Limitation - Suit for declaration, partition and cancellation - In paragraphs 13 and 14 of the plaint, it is specifically stated by plaintiffs that the alleged will dated 17.06.2008 and gift deed dated 28.03.2005 came to their knowledge on receipt of a copy of the..........
Contract Act, 1872, Section 17, Limitation Act, 1963, Article 57 &59 -- Cancellation of document obtained with fraud - To save land from Ceiling Law defendant No.2 counselling plaintiff to transfer his agricultural land by way of will and obtaining plaintiff's thumb impression on blank papers and forging a gift deed and deed of adoption in favour of defendant No.1 and..........
