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...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - There is no limitation period in case of usufructuary mortgage - `Once a mortgage always a mortgage'...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration by minor - Suit filed by minor within 3 years of attaining majority held, not barred by limitation...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Cause of action for filing suit accrued when disputed mutation came to the knowledge of plaintiff in the year 1999 - Suit has to be filed within 3 years from date when cause of action first accrued - Suit filed in the year 2006 is barred by limitation, though limitation has not been set up as a..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of ownership on the basis of Will - Plaintiff earlier filed a suit based on same Will in 2005, which was subsequently withdrawn - Present suit filed in the year 2014, based on same Will is thus, time barred...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration and possession - Starting point of limitation - Mere giving assurance to plaintiff by her brother and mother for giving share to her cannot be considered to be starting point of limitation - However, since there was no denial by defendants to plaintiff for giving her share, there was thus, no..........
Limitation Act, 1963, Article 58 -- Suit for declaration - Plaintiffs admitted that 13 years back itself, they have got knowledge about entries in defendant's name in RTC relating to suit properties - They have to file suit within 3 years from date of knowledge but in fact plaintiffs have filed the suit after 13 years from date of knowledge - Suit filed by plaintiff is..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration, permanent injunction, damages and incidental relief - Right to sue in favour of plaintiff arose in 9 July 2018 when defendant first time denied plaintiff's title to Trade Mark and claimed its ownership - Said cause of action again arose in favour of plaintiff on 18 July 2018 when defendant relying upon..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of ownership - Computation of period of limitation - When admittedly plaintiff was owner, it was incumbent upon defendant to prove a better title or raise plea of adverse possession - Once these pleas are not raised, mere fact that revenue entries are in favour of defendant is of no avail and could not..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Plaintiffs mortgage their 2-1/2 acres of agricultural lands for credit purchase of daily necessities - Financial stringency of plaintiffs is apparent from their failure to repay anything even after execution of installment bond - Debtor creditor..........
