In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court
Trending News
3 months 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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History of this topic

Injunction Suit Maintainable Without Declaratory Relief When Plaintiff's Title Isn't Disputed By Defendant : Supreme Court
2 months, 1 week ago

Injunction Suit Maintainable Without Declaratory Relief When Plaintiff's Title Isn't Disputed By Defendant : Supreme Court

Live Law  

The Supreme Court observed that a suit filed only for injunction simpliciter cannot be dismissed solely because it lacks a declaratory relief under Section 34 of the Specific Relief Act, 1963, especially when the defendants do not dispute the plaintiffs' title. The bench comprising Justice JB Pardiwala and Justice R Mahadevan was hearing the case arising out of the Orissa …

In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court
Trending News
3 months 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
1 year, 1 month 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
3 years 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 …

Long Continuous Possession By Itself Cannot Be Termed As Adverse Possession: SC [Read Judgment]
5 years, 2 months ago

Long Continuous Possession By Itself Cannot Be Termed As Adverse Possession: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that long and continuous possession by itself cannot be termed as adverse possession so as to perfect title within the meaning of Article 65 of the Limitation Act. The Court noted that a plea of adverse possession is founded on the acceptance that ownership of the property vests in another, against whom the claimant asserts …

Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit: SC [Read Judgment]
6 years, 1 month ago

Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit: SC [Read Judgment]

Live Law  

The Supreme Court has observed that in a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property on the date of suit. The court said that, under Section 38 of the Specific Relief Act, an injunction restraining the defendant from disturbing possession …

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