Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 65 -- Plaint - Amendment - Alternative relief of delivery of possession - Limitation - Suit for declaration, mandatory injunction and possession filed on 30.04.1979 - Foundational fact with regard to recovery of possession made throughout in the plaint - Part of suit property already stood attached..........
Limitation Act, 1963, Section 27, Article 65, 67 -- Recovery of possession - Plea of adverse possession - Limitation - Judgment passed on 22.06.1981 in earlier suit filed by defendants/respondents claiming tenancy - Claim of defendants not accepted though found to be in possession - Findings rendered in earlier suit have attained finality - Subsequent suit filed by..........
Limitation Act, 1963, Article 61(b) -- Mortgage - Property under mortgage transferred by mortgagee to third party - Limitation for filing suit for recovery of possession is twelve years of transfer becoming known to mortgagor and such suit is not barred even though sale deed in respect of transfer was registered more than twelve years before filing of suit...........
Limitation Act, 1963, Article 61(b) -- Mortgage - Property under mortgage transferred by mortgagee to third party - Limitation for filing suit for recovery of possession is twelve years of transfer becoming known to mortgagor - Mortgagor specifically pleaded and proved that he came to know of sale just twenty days prior to filing of suit - Held, date of registration of..........
Limitation Act, 1963, Section 18 -- Acknowledgement - Repayment of loan - Suit for - Limitation - Plaintiff gave loan to defendant on two occasions on 30.05.1998 and 30.11.1998 - Defendant admitted himself a sum of Rs.18,761/- was received by plaintiff on 30.11.2000 which shows acknowledgment of defendant regarding amount due towards him - Held, from this date i.e...........
Limitation Act, 1963, Article 52 -- Arrears of rent - Civil suit for recovery of arrears of rent for the period May, 1989 to May 1994 filed on 27.9.2000 - Held, suit is barred by limitation - Limitation to recover arrears of rent is three years which starts to run when rent accrues on the date when it falls due - Even if it is taken to be from the date of order passed by..........
Limitation Act, 1963, Article 52 -- Arrears of rent - Civil suit for recovery of arrears of rent for the period May, 1989 to May 1994 filed on 27.9.2000 - Held, suit is barred by limitation - Limitation to recover arrears of rent is three years which starts to run when rent accrues on the date when it falls due - Even if it is taken to be from the date of order passed by..........
Limitation Act, 1963, Section 18, 4 -- Extension of period of limitation - Recovery suit - Acknowledgement of debt made during the period of limitation - During extended period of limitation, debt again acknowledged - Court closed on the last date of period of limitation on account of winter vacations - Suit filed on first day of opening of court - Held, suit within period..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 7, Limitation Act, 1963, Article 58 -- Allotment of plot - Cancellation - Limitation to file suit to set aside cancellation is three years - Suit filed after about 10 years of cancellation - Held, suit is barred by limitation...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(d), Limitation Act, 1963, Section 12(1), Article 19, General Clauses Act, 1897, Section 10 -- Promissory note - Suit for recovery - Limitation - In computing limitation date on which promissory note executed shall be excluded - Court holiday on the last day of limitation - Suit filed on the first day of opening of..........
