Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had never executed sale deed in first place as it was proved that it was not her thumb impression that was affixed therein - She had not received sale consideration - In such circumstances and in absence of sale consideration being tendered, sale..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff filed a suit for declaration of ownership on basis of sale deed and also challenged the subsequent sale deed in favour of respondent no.1 - Application for impleadment of another buyer of subsequent sale deed was filed after 8 years of filing of suit - On the date of filing application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that partition deed is null and void - Relief to declare partition deed dated 02.03.2016 sought in the year 18.3.2019 - Suit is barred by limitation being filed after expiry of three years period...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - When there is a specific admission on part of plaintiff herself to the effect that suit property belongs to defendant, then entire relief sought for by her seeking declaration and recovery of possession in respect of suit property have to necessarily fail - More so, plaintiff also..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration along with consequential relief of injunction - Once date of knowledge is specifically pleaded and forms basis of cause of action, issue of limitation cannot be decided summarily - It becomes a mixed question of law and fact, which cannot be adjudicated at the..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of title and permanent injunction - Limitation starts from date of knowledge - Time starts when defendant has filed objection before Tehsildar for amendment of record on 10.07.2010 - Plaintiff who is in possession of said land, filed suit for declaration and permanent injunction on 9.10.2013 is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of recovery of possession - It is specific case of plaintiff that after filing of suit criminal case was registered against her, she was arrested and in the meanwhile defendant illegally occupied the suit property -..........
Limitation Act, 1963, Article 57, Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Limitation - Suit for declaration that adoption deed is null and void - Suit filed eight years after execution of adoption deed, is barred u/art 57 of Limitation Act - Suit rightly dismissed...........
