Limitation Act, 1963, Article 58 -- Suit for declaratory relief - Limitation - Art.58 applies only to cases where declaration simplicitor is sought without any further relief...........
Limitation Act, 1963, Article 57, 58 -- Termination of lease - Right to sue - Accrues when lease is terminated - For such a suit it is not necessary that lessee was dispossessed from the leased property as dispossession is different from termination of lease - But even assuming that the right to sue did not fully accrue till the date the lessee was dispossessed of the plot..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113 -- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the..........
Limitation Act, 1963, Article 58 -- Commencement of limitation - Suit for declaration of title by husband against wife - Property purchased in name of wife and building constructed in her name - Limitation starts to run only when there is clear and unequivocal threat to or infringement of right of husband by denial of title and asserting her right...........
Limitation Act, 1963, Article 58 -..........
Limitation Act, 1963, Article 58 -- Declaratory suit - Revenue entries - Limitation to challenge - Held, in a suit for declaration as well as permanent injunction, limitation will not start w.e.f. the date an adverse entry is made in revenue record but when actual possession of plaintiff is threatened by other party u/Art.58 of Limitation Act - Time would begin to run not..........
Limitation Act, 1963, Article 58 -- Multiple causes of action - If a suit is based on multiple causes of action, the period of limitation begins to run from the date when the right to sue first accrues - Successive violation of the right does not give rise to fresh cause and the suit is liable to be dismissed if it is beyond the period of limitation counted from the day..........
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65 -- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to..........
Limitation Act, 1963, Article 58 -- Bar of limitation - Plaintiff filed suit for declaration of title on basis of sale deed - Defendant earlier had filed suit seeking partition but denying sale deed as set up by plaintiff - Held, cause of action for filing suit for declaration of title arose immediately on filing earlier suit by defendant - Suit for declaration ought to..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61(a) -- Usufructuary mortgage - Redemption - Limitation - Mortgage period fixed as 10 years - Limitation period for redemption of mortgage is 30 years commencing from expiry of period of 10 years - Suit for possession by redemption of mortgage is not governed by Article 65 of Schedule to..........
