Limitation Act, 1963, Article 58, 65 -- Suit for declaration and possession - Limitation - Merely because one of the reliefs sought is of declaration that will not mean that outer limitation of 12 years is lost - Suit will be governed by Art.65 of Limitation Act...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that Will in question is null and void - Will in question is unregistered document, therefore there is no question of canceling or setting aside said instrument - Art.59 of Limitation Act thus, not applicable - Similarly, unregistered Will cannot be said to be an instrument issued or registered as it is..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of ownership - Limitation would not be arrested in case title is asserted on the basis of inheritance...........
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...........
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 58 -- Suit for declaration - Limitation - Cause of action in suit arose in year 1987 as per pleadings - Suit filed within three years therefrom - Suit is filed within time...........
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 58 -- Limitation - Suit for declaration - Starting point of limitation for filing suit for declaration u/art 58 of the Act is when right to sue "first accrues" - Cause of action for purposes of Art.58 of the Act, accrues only when right asserted in suit is infringed or at least when there is clear and unequivocal threat to that right...........
Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Limitation - Plaintiffs came to know about wrong revenue entries qua suit land in January 1994, which furnished them cause of action to file the suit - Suit filed in April 1994, is therefore, within limitation after accrual of cause of action in favour of..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration and permanent injunction - Plaintiff filed the proceedings before revenue Court for correction of revenue entry - Revenue Court directed the parties to go to civil Court - Financial Commissioner upheld the order of Divisional Commissioner and Collector - Suit filed within 3 years from the order of..........
Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Limitation - Where mortgage does not provide any period of redemption then there is no limitation for seeking redemption...........
