Limitation Act, 1963, Section 58, 113 -- Right to sue - When plaintiff claims himself to be owner in exclusive possession of suit property - Right to sue accrued to plaintiff when defendant actually threatened to take forcible possession and not when the mutation was sanctioned in their favour - Under S.113 Limitation Act, limitation is three years from the date when the..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Starting point when no time limit is fixed - Limitation to redeem usufructuary mortgage does not start to run on the date of mortgage but will arise on the date when the mortgagor pays or tenders to the mortgagee or deposits in Court, the..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61, Specific Relief Act, 1963, Section 34 -- Usufructuary mortgage - Declaration by mortgagee in respect of title over suit property after expiry of period of limitation to sue for foreclosure - Right to redeem or recover possession, when no time limit is fixed for redemption, accrues to mortgagor..........
Limitation Act, 1963, Article 58, Transfer of Property Act, 1882, Section 54 -- Sale deed - Can be challenged within three years of knowledge - A registered document is a public document and especially when the same has been acted upon against the affected party, the same is deemed to be in his knowledge - Limitation starts to run from the date of registration...........
Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34, 36 -- Suit for declaration of title and injunction - Defendant claiming title in himself on basis of entry in record of rights - Suit filed within three years of date of getting knowledge about entry in record of rights - Held, suit is not barred by limitation...........
Limitation Act, 1963, Article 58 -- Decree sufferred in 1990 - Suit for declaration for setting aside decree filed in 1995 - Plaintiff specifically denied that factum of passing of decree was ever brought to his notice - In the absence of proof of knowledge of decree, suit not barred by limitation...........
Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Limitation - Starting point - When the right to sue first accrues - Cause of action does not arise on sanction of mutation of inheritance - Entry in revenue record does not provide any cause of action - Cause of action arises only when there is any threat to the title of the..........
Limitation Act, 1963, Article 58 -- Declaration - Right to sue for declaration relating to status of adoption arises when the adoption is denied...........
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Section 27 -- Mortgage - On expiry of period of limitation prescribed under the Limitation Act, the mortgagor would lose his right to redeem and the mortgagee becomes entitled to continue in possession as the full owner...........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61(a) -- Usufructuary mortgage - Redemption - Limitation - 30 years - When it is stipulated that mortgagee is entitled to be in possession till redemption then right to redeem accrues immediately on execution of the mortgage deed and mortgagor has to file a suit for redemption within 30 years..........
