Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Bar of limitation - Suit for cancellation of registered sale deed - Suit filed after prescribed period of limitation of three years - Plaint rejected...........
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 6, 31 -- Relief of possession - By way of registered sale deed, the property in which plaintiff was co-owner had been sold to defendant by brother of plaintiff by impersonation - Document has been held to be void and no-est in eye in law - Plaintiff was seeking its cancellation but the relief of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration that plaintiff is owner of suit property and for cancellation of sale deed executed by defendant Nos.2 to 4 in favour of defendant No.1 - Plaintiff himself is claiming declaration by pleading that cause of action accrued to him for the first time in..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Limitation Act, 1963, Article 59 -- Sale deed - Cancellation - Limitation - Prayer for declaration that sale deed is null and void - Unless deed of sale is cancelled the transfer cannot be held to be null and void - Suit for cancellation of sale deed is governed by Art.59 of Limitation Act -..........
Civil Procedure Code, 1908, Order 7, Rule 6 -- Exemption from limitation - Suit for cancellation of sale deed filed beyond limitation - No pleading in the plaint seeking exemption from limitation in terms of O.7.R.6 CPC - Held, plaintiff cannot agitate exemption from limitation for the first time in second appeal - Suit was barred by limitation...........
Limitation Act, 1963, Article 59 -- Sale deed - Cancellation - Limitation three years - Limitation starts to run from date on which fact of registration of sale deed became known to party - Dismissal of suit on ground of limitation without giving opportunity to a party to adduce evidence to show as to when he came to know of registration - Held, Court not justified in..........
Civil Procedure Code, 1908, Section 9 -- Sale deed - Suit for cancellation - Relief for possession of agricultural land and injunction also claimed - Main relief being cancellation of sale deed - Plea of limitation liable to be decided on evidence - Held, suit before civil Court is maintainable...........
Hindu Law -- Partition suit by son - Coparcenary property - Alienation by father - Alienation for payment of antecedent debt not incurred for immoral or illegal purpose but incurred for family necessity - Suit filed maintainable without a prayer for cancellation of sale deed - Son entitled to question the validity and binding nature of sale deed without such a prayer -..........
