Punjab Tenancy Act, 1887, Section 77(3)(k) -- Suit for rendition of accounts and recovery of rent - Period of limitation - 3 years - Revenue Courts should apply Article 113 of Limitation Act, 1963 which corresponds to Article 120 of Limitation Act, 1908 which has since been repealed - Suit qua crops beyond 3 years - Time - barred - Limitation Act, Article 113...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Right that accrued to defendant by lapse of time - Cannot be taken away by amendment of plaint - Suit for declaration with consequential relief of permanent injunction - By amendment of plaint in 1993 of suit filed in 1987, wanted to convert suit to recover specified amount along with interest and ready..........
Specific Relief Act, 1963, Section 6 -- Tenant when dispossessed by stranger or by a Landlord - Options available - Three options are available (i) He can either sue by invoking S.6 of the Specific Relief Act in which case title to the property is totally irrelevant (ii) He can sue for recovery of possession on the strength of his possessory title which would attract..........
Limitation Act, 1963, Article 64, Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession based on prior possession within 12 years - Maintainable - Title need not be proved by plaintiff unless defendant can prove one - Suit based on prior possession without proof of title - Maintainable against a person having no title to property...........
Pronote -- Suit for recovery of money - Limitation - Day on which promissory note was executed - Has to be excluded. (Limitation Act, 1963, S.12, Art.31)..........
Partnership Act, 1932, Section 32(3), Limitation Act, 1963, Section 20(2) -- Partnership firm comprising 2 partners - Suit by Bank for recovery of loan amount - Partnership dissolved on 31.8.1976 whereby defendant No.2 ceased to be a partner - Balance confirmation letter by defendant No.3 - Said confirmation liability did not make defendant No.2 liable even though public..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment to add the relief of recovery of amount being half share of the money received by her during the pendency of the suit - Amendment within the prescribed period of limitation from the date of payment - Amendment allowed...........
Limitation Act, 1963, Article 44(b), Contract Act, 1872, Section 28 -- Insurance - Suit for recovery of insurance amount on account of loss of insured property by fire caused by mob violence - Clause 19 of Insurance Policy restricting period of limitation for filing suit to 12 months from date of disclaimer hit by S.28 of Contract and therefore void to that extent - Suit..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 7 -- Recovery by State of damages for unauthorised use and occupation of agricultural land - Limitation applicable to suit/application under Section 7 - 30 years as prescribed under Article 112 Limitation Act - Article 113 which prescribes period of 3 years not applicable to proceedings initiated..........
Limitation Act, 1963, Article 24 -- Money paid by plaintiff to defendant under agreement which is void - Defendant received money for use of plaintiff - Suit for recovery of such money - Covered by Article 24...........
