In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court
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2 days, 10 hours ago

In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court

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The Supreme Court held that while the limitation period in a suit typically follows the main relief, this does not apply when the main relief is a declaration of title, as there is no limitation for such declarations. The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan was hearing the appeal filed against the Karnataka High Court decision that affirmed the First Appellate Court's decision to allow the Respondent-plaintiff to make an amendment to the original suit to claim possession of the suit property along with the declaration of title of the property. The First Appellate Court applied Article 65, granting the plaintiffs twelve years to claim possession based on title, unless the defendants could prove adverse possession. Affirming the High Court's decision, the judgment authored by Pardiwala J. observed that the relief for possession of the immovable property based on title would be governed by Article 65 of the Limitation Act due to non-applicability of the limitation period to the main suit seeking relief of a declaration of title. “As per the dictum of Hon'ble Supreme Court when the suit is for possession based on title, once the title is established unless the defendant proves adverse possession, the plaintiff cannot be non suited.

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In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court
Trending News
2 days, 10 hours ago

In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court

Live Law  

The Supreme Court held that while the limitation period in a suit typically follows the main relief, this does not apply when the main relief is a declaration of title, as there is no limitation for such declarations. The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan was hearing the appeal filed against the Karnataka High Court decision that …

Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme Court
10 months, 1 week ago

Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme Court

Live Law  

Recently, the Supreme Court reiterated the well-established position of law that under Section 34 of the Specific Relief Act of 1963, a suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession. The section provides that courts have discretion as to declaration of status or right, however, it carves out …

Relief Of Permanent Injunction Against True Owner Cannot Be Granted When Title Dispute Is Settled Against Plaintiff : Supreme Court
2 years, 9 months ago

Relief Of Permanent Injunction Against True Owner Cannot Be Granted When Title Dispute Is Settled Against Plaintiff : Supreme Court

Live Law  

The Supreme Court observed that a suit for permanent injunction is not maintainable against the true owner of the property when the dispute with respect to title is settled against the plaintiff.Once the suit is held to be barred by limitation qua the declaratory relief, the prayer for permanent injunction, which is a consequential relief can also be said to …

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