Limitation Act, 1963, Article 65 -- Suit for possession based on title - Starting point for limitation does not commence from the date when the right of ownership arises to the plaintiff, but it commences from the date when the defendant's possession become adverse...........
Specific Relief Act, 1963, Section 37, 38, 39 -- Passage - Plaintiff claiming exclusive rights - Defendant claiming it to be a common lane for both plaintiff as well as defendant - Both parties relying upon documents - Suit for permanent injunction and mandatory injunction, without having the title declared, is not maintainable...........
Consent decree -- Challenge as to - Fee of Advocate engaged on behalf of defendant paid by plaintiff - Nothing unusual as the parties were consenting to the decree...........
Consent decree -- Challenge as to - Plaintiff (Defendant in the previous suit) sought to dispute the proceedings recorded in Court admitting the claim of plaintiff - Held, proceeding of the Court carry the presumption of correctness and the same cannot be permitted to be disputed, more so after long lapse of time...........
Consent decree -- Challenge as to - Plaintiff (Defendant in the previous suit) cannot wriggle out of the same by merely stating that he had agreed to suffer a consent decree in favour of all the sons of one `K' whereas the decree has been passed in favour of only two sons...........
Consent decree -- Challenge as to - Plaintiff (Defendant in the previous suit) in cultivating possession at the time of passing of decree - Beneficiaries of decree nephews - Plaintiff used to live with the defendants and the last rites also performed by defendants - Held, cultivation of land by plaintiff after the decree does not create doubt over the decree passed...........
Consent decree -- Challenge as to - Family settlement - Particulars not disclosed either in the previous suit or in the present suit - Defendants nephews of the deceased plaintiff - Being members of the family, defendants have a pre-existing right in the estate of plaintiff, particularly when plaintiff had no issue - Plaintiff dying issuless as such nephews are the nearest..........
Adverse possession -- Plaintiff claiming ownership on the basis of adverse possession - Planitiff to show against whom the possession is adverse - Required to plead and prove who is true owner of the property whose title is being denied by him - Mere long possession does not necessarly mean that it is adverse and hostile to true owner. Limitation Act, 1963, Article 65,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred claim - Amendments can be introduced at any stage of the suit - In case of time barred claim which is introduced for the first time, there would have to be some explanation and secondly, the plaintiff would have to show his bona fides, particularly because such claims by way of an amendment..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Specific performance - Filing of suit during pendency of suit for permanent injunction - When suit for injunction filed cause of action for filing suit for specific performance was not available to plaintiff - Cause of action in a suit for permanent injunction is different than the one in a suit for..........
