Civil Procedure Code, 1908, Order 20,, Rule 7, Civil Procedure Code, 1908, Section , Order 21 -- Limitation Act, 1963, Article 136 - Execution of decree - Period of Limitation - Starting point - Suit for declaration of title and recovery of possession - Suit decreed by Trial Court - Appeal & Revision dismissed - No stay granted during pendency of appeal & revision -..........
Adverse Possession -- Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 - Owner by way of adverse possession - Plea when available - Suit for declaration claiming to have become owner of suit land by way of adverse possession - Plea of adverse possession is a defence available only to a defendant against plaintiff - To contest a suit for possession,..........
Civil Procedure Code, 1908, Order 34, Limitation Act, 1963, Article 61 -- Mortgage - Purchaser of equity of redemption - Original owner mortgaged suit property and mortgagee put in possession - Original owner sold 67 cents from the suit property to plaintiff by a registered sale deed with a recital that there is a mortgage and plaintiff had thus purchased the equity of..........
Limitation Act, 1963, Article 64, 65 -- Suit for declaration and possession filed in 1955 - Defendant alleged to have taken forcible possession in 1949 - Defendants however claimed to be in possession since 1928 - Courts below found plaintiff to be owner but had lost title as defendants had perfected their title by adverse possession - No evidence that predecessors of..........
Adverse possession -- Co-owners - Long and continuous possession by itself would not constitute adverse possession - Possession of one co-sharer amounts to possession on behalf of other co-sharers unless there has been clear ouster by denying the title of other co-sharers - Mutation in the revenue record in the name of one co-sharer does not amount to ouster unless there..........
Limitation Act, 1963, Article 58 -- Not applicable where plaintiff in possession - Cause of action to seek declaration that plaintiff is owner in possession - Does not arise on the date of execution of sale deed and/or mutation - Cause of action would arise only when there is any threat to title of plaintiff - Mere wrong entry of mutation - Does not furnish any cause of..........
Limitation Act, 1963, Article 58 -- Suit for declaration - Limitation - Three years - Period starts to run when the right to sue first accrues - Where in a previous suit for declaration of possession, party opposing grant of such relief had filed written statement denying title of party seeking declaration, subsequent suit for declaration of title filed after expiry of..........
Adverse possession -- Plaintiff deposited in Court pre-emption money pursuant to decree - Plaintiff moved revenue authorities for partition of joint khata - Defendant denied title of plaintiff - Plaintiff thereafter filed suit for declaration - Defendant raising plea that he perfected title by way of adverse possession as physical possession of property not taken after..........
Limitation, Article 58,113 -- Plaintiff seeking declaration of title in property and defendant denying plaintiff's title - Suit under Section 34 Specific Relief Act - There can be no right to sue until there is accrual of right asserted in the suit and its infringement or at least a clear and unequivocal threat to infringe that right, by defendant against whom suit is..........
Hindu Minority and Guardianship Act, 1956, Section 11, Limitation Act, 1963, Article 58, 65 -- Alienation of minors property by mother - Suit for declaration of title and possession filed within three years of attaining majority - Held, suit is filed within time as the cause of action accrues on minors attaining majority...........
