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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K. VISHEN, MOOL CHAND TYAGI
Jagdishbhai Haribhai Patel Through Poa Shah Rajeshkumar Chandravadan – Appellant
Versus
Lh Of Decd. Ramanlal Shankarlal Patel – Respondent
JUDGMENT :
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
Captioned appeal is directed against the judgment dated 10.04.2023 (hereinafter referred to as “the impugned judgment”) passed by the learned Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Vadodara below Exh.11 in Special Civil Suit no.184 of 2022 (hereinafter referred to as “the suit”). For the sake of convenience, the parties are referred to as per their status in the suit.
2. The plaintiff – appellant had filed the suit, inter alia, praying for declaration, declaring the plaintiff as the owner and in possession and the defendants having no right, title or interest over the land bearing survey no.385 admeasuring 9510 sq. mtrs. (hereinafter referred to as “the land in question”). Further challenge is to the registered sale deed dated 20.06.2006 executed by the defendant nos.1 and 2 in favour of the defendant nos.6 and 7. Challenge is also to the registered sale deed dated 06.05.2015 executed by the ancestors of defendant nos.3 to 5 in favour of defendant nos.6 and 7. The plaintiff has also challenged the registered sale deed dated 15.04.2021 executed by the defendant nos.3 to 5 and defendant nos.6 and
A suit challenging property ownership based on historical wills is barred by limitation if not filed within the statutory period, especially when the plaintiff is aware of prior legal challenges.
powers under Section 84-C of the Act will have to be exercised within reasonable time. The question then would arise what would be the reasonable time for exercise of such powers and what would be it....
A party claiming relief must disclose all relevant facts, particularly prior proceedings, or risk having their suit dismissed for vexatiousness and suppression of material facts.
The Court upheld the rejection of the plaint, establishing that suits challenging registered documents must be filed within the designated limitation period and emphasized that clever drafting cannot....
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
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