Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 34, 38 -- Limitation - Suit for declaration and perpetual injunction - Sale deed executed by defendant no.1 in favour of defendant no.2 during pendency of earlier suit of declaration filed by plaintiff - Question of limitation does not arise since sale deed was executed during pendency of suit property -..........
Limitation Act, 1963, Article 59 -- Suit for cancellation of Will - Suit filed within three years of execution of Will - Plaint returned for presentation to proper Court - No amendment was sought by plaintiffs after return of plaint, therefore suit filed is not barred by limitation...........
Limitation Act, 1963, Article 58, 59 -- Limitation - Suit for declaration that mortgage deed and sale deed are null and void - Cause of action of suit arose in 1970 when plaintiff got knowledge of sale deed - Suit must have been filed within 3 years of date of knowledge or date of sale deed - Suit filed in 1978 is barred by limitation...........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54 -- Suit for cancellation of registered sale deed - Limitation for cancellation of registered sale deed is 3 years from the date it was executed - Sale deed was executed in 1990 - Plaintiff having stepped into shoes of Executant had knowledge of same - More so, executant had herself filed a suit..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Starting point of limitation for instituting suit for cancellation of transfer deed would commence from date of knowledge of registration of document and not from date of execution of same...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for joint possession and that sale deed in question is null and void - Suit filed after a period of more than three years from the date of knowledge of sale deed, is time barred - Suit dismissed being barred by limitation. ( Para 8)..........
Limitation Act, 1963, Article 109, 59 -- Limitation - Alienation by father - Challenge by daughter - A member of family can challenge alienation by father within twelve years - It does not restrict that only a son can challenge alienation - Plea that son can challenge alienation within twelve years as per Article 109 and daughter has to challenge alienation within three..........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59 -- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three..........
Limitation Act, 1963, Article 59 -- Limitation - Religious institutions - Suit for possession - Religious institutions are to be treated as a minor as they are not able to manage the property themselves and they have to act through their manager or Mahant and such managers have to act under some limitations - In the case in hand, suit filed on lease deed executed by Mahant..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed executed on the basis of compromise decree - Suit is barred by limitation, as suit is filed after 3 years from accrual of cause of action...........
