AI Overview...
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Suit Barred by Limitation - The majority of cases, including Ram Dhari VS State Of Haryana - Punjab and Haryana, Angati Parambath Kanniyalli VS Thekke Illath Neelakhanohan - Madras, Siddappa VS Panchayat Development Officer - Karnataka, and others, establish that suits for declaration of ownership are generally barred if not filed within the statutory period, often 12 years under the Limitation Act or specific periods under relevant laws. The courts emphasize that delay beyond prescribed time frames leads to dismissal. Ram Dhari VS State Of Haryana - Punjab and Haryana, Angati Parambath Kanniyalli VS Thekke Illath Neelakhanohan - Madras, Siddappa VS Panchayat Development Officer - Karnataka
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Specific Limitation Articles and Acts - Several references highlight the application of Article 120 of the Limitation Act, 1908, and similar provisions under the Limitation Act, 1963, and other statutes, to determine whether a suit for ownership declaration is time-barred. For instance, Raj Kumar Jain VS Jagwati Devi - Allahabad, Angati Parambath Kanniyalli VS Thekke Illath Neelakhanohan - Madras, and Maria Julieta D'Souza VS Government of Goa - Bombay discuss the relevance of these articles in assessing the timeliness of such suits.
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Nature of the Suit and Evidence - In cases like State of Tamil Nadu VS Poovan Chettiar and Another - Madras and HALKIBAI VS STATE - Madhya Pradesh, the courts consider whether adverse possession or revenue entries establish ownership and whether such claims are barred by limitation. The courts also scrutinize whether the plaintiffs have established their claim within the stipulated period.
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Effect of Probate and Succession Laws - Raj Kumar Jain VS Jagwati Devi - Allahabad notes that in cases involving succession or probate, the limitation period may be different or less clear, but generally, the filing must occur within a specific timeframe to be valid.
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Conclusion - Overall, the dominant insight is that suits for declaration of ownership are subject to strict limitation periods. Failure to initiate such suits within the prescribed time results in dismissal, as the courts prioritize finality and certainty in property rights. Exceptions are rare and generally depend on specific facts or legal provisions.
References:
- Ram Dhari VS State Of Haryana - Punjab and Haryana, Raj Kumar Jain VS Jagwati Devi - Allahabad, State of Tamil Nadu VS Poovan Chettiar and Another - Madras, Angati Parambath Kanniyalli VS Thekke Illath Neelakhanohan - Madras, HALKIBAI VS STATE - Madhya Pradesh, Maria Julieta D'Souza VS Government of Goa - Bombay, Kuru Ram VS Hari Singh - Punjab and Haryana, MRIGENDRA PRITAM VIKRAM SINGH STEINER VS JASWINDER SINGH - Delhi, SUKHBIRI DEVI VS UOI - Delhi, Siddappa VS Panchayat Development Officer - Karnataka
Search Results for "Suit for Declaration of Ownership Limitation"
1996 0 Supreme(P&H) 1193 • India - Punjab and Haryana
R.L.ANAND
Whether the plaintiffs' suit for declaration of ownership was barred by limitation. Ratio Decidendi: 1. ... The plaintiffs' suit for declaration of ownership was barred by limitation, as they had not filed the suit within 12 years of the ... The Court further held that the plaintiffs' suit for declaration of ownership was barred by limitation, as they had not fi....
1980 0 Supreme(All) 49 • India - Allahabad
V.K.MEHROTRA, H.N.SETH
SUCCESSION - PROBATE - EFFECT OF PROBATE - SUIT FOR DECLARATION OF OWNERSHIP - LIMITATION - ART. 120 OF THE LIMITATION ACT, 1908 ... Fact of the Case: The plaintiffs, claiming to be the nearest reversioners of Jagmandar Das, filed a suit for a declaration ... Whether the suit was barred by limitation? Ratio Decidendi: 1. ... It is true that in the Limitation Act of 1908 there is no specific article dealing with t....
1996 0 Supreme(Mad) 224 • India - Madras
S.S.SUBRAMANI
OF TREASURE TROVE ACT - MAINTAINABILITY OF SUIT FOR DECLARATION OF OWNERSHIP - LIMITATION - TREASURE TROVE ACT, 1878 (ACT 6 OF 1878 ... were seeking a declaration of their ownership of the coins. 4. ... The Collector directed them to file a suit to establish their ownership. ... The question whether the suit is barred by limitation or whether the Collector acted illegally in directing the plaintiffs to file a #HL_S....
1922 0 Supreme(Mad) 8 • India - Madras
K.SASTRI, DEVADOSS
Issues: The main issue was whether the suit for declaration of ownership was barred by limitation under Article 120 of the ... of the property and sought a declaration of his ownership. ... The suit was dismissed by both lower courts as being barred by limitation under Article 120 of the Limitation Act. ... The suit is in substance, as it is in form, a suit for declaration of ti....
1956 0 Supreme(MP) 49 • India - Madhya Pradesh
SEN, BHUTT
for declaration of ownership. ... for declaration of ownership. 2. ... CRIMINAL PROCEDURE CODE, 1898 - SECTION 523, 524 - OWNERSHIP OF ARTICLES SEIZED UNDER SECTION 523 - SUIT FOR DECLARATION OF OWNERSHIP ... ( 1 ) THIS is the plaintiff's appeal from the decree of the Court of the Additional district Judge, in Civil Suit No. 10-A of 1951, dismissing her suit for declaration of her owners....
2010 0 Supreme(Bom) 1531 • India - Bombay
N.A.BRITTO
Maharashtra Land Revenue Code, 1966 - Section 14-Limitation Act, 1963, Section 3-Article 100-Suit for declaration of ownership-Limitation-A ... for declaration of ownership deserves to be decreed. ... filed within 3 years of dismissal of writ petition not barred by limitation. ... The learned District Court came to the conclusion that the limitation for filing of the Civil Suit for declaration of ....
1997 0 Supreme(P&H) 468 • India - Punjab and Haryana
J.L.GUPTA
ADVERSE POSSESSION - LIMITATION - OWNERSHIP - REVENUE ENTRIES - SUIT FOR DECLARATION OF OWNERSHIP - Adverse possession not established ... Fact of the Case: Plaintiffs filed a suit for a declaration that they are owners in possession of the land measuring ... 2) Was the suit filed by the plaintiff - respondents barred by limitation? ... Sarin, learned counsel for the appellant, has vehemently contended that the record clearly esta....
2019 0 Supreme(Del) 115 • India - Delhi
MUKTA GUPTA
the relief of declaration of ownership of the flat vesting in the plaintiffs is beyond the period of limitation - In the earlier ... of ownership is beyond the period of limitation. ... Civil Procedure Code, 1908 - Order 9 Rule 8, 9 - Declaration - Limitation - Suit was instituted - Suit for ... relief of declaration of ownership of the flat vesting in the plaintiffs is beyond the period of #HL_S....
2009 0 Supreme(Del) 930 • India - Delhi
ARUNA SURESH
Issues: The main issue was whether the suit for declaration of co-ownership was barred by limitation under Article 58 of the ... Limitation Act - Declaration of Co-ownership - Article 58, Schedule I, Part III - Summary of Acts and Sections: The court discussed ... Fact of the Case: The plaintiffs filed a suit for declaration of co-ownership in a plot, which was dismissed by the ... Therefore, apparently the reli....
2023 0 Supreme(Kar) 1244 • India - Karnataka
K. S. HEMALEKHA
LIMITATION - PROPERTY LAW - The court upheld the dismissal of the plaintiff's suit for declaration of ownership ... Issues: Whether the plaintiff's suit for declaration and injunction was barred by limitation and whether the ... Fact of the Case: The plaintiff filed a suit seeking a declaration of ownership and ... not done so, within 03 years from the date of denial, the plaintiff's suit for #H....
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