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Aug 24 1979

Valliamma Champaka Pillai Vs. Sivathanu Pillai and ors.

Court : Supreme Court of India

Decided on : Aug-24-1979

Subject : Limitation

Acts : Limitation Act, 1908 - Schedule - Articles 144 and 148; Travancore Limitation Regulations - Articles 132 and 136; Transfer of Property Act, 1882

Reported in : AIR1979SC1937; (1979)4SCC429; [1980]1SCR354; 1980(12)LC312(SC)

is in the position of a non-redeeming co-mortgagor, would have, only a period of 12 years limitation under Article 144 of the Limitation Apt, 1908, and that Article 148 of that Act (corresponding to Article 136 of the … co-mortgagor is 50 years under Article 136 of the Travancore Limitation Regulation (corresponding to Article 148 of the Limitation Act, 1908) and that the starting point of limitation is the date of redemption by the redeeming co-mortgagor. He reasoned

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Jun 16 1971

Pandya Vinodrai Ramrai Vs. Lavar Prabhudas Nathuram and ors.

Court : Gujarat

Decided on : Jun-16-1971

Subject : PropertyLimitation

Acts : Limitation Act, 1908 - Sections 28 - Schedule - Article 144; Transfer of Property Act, 1882 - Sections 59

Reported in : AIR1972Guj204

acquired limited interest as a mortgagee by prescription under Section 28 read with Article 144 of the Indian Limitation Act. 1908 and, therefore, even though the mortgage deed was not registered according to law in force at that time,

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Mar 04 1971

Asharfi Devi and ors. Vs. Prem Chand and ors.

Court : Allahabad

Decided on : Mar-04-1971

Subject : PropertyLimitation

Acts : Limitation Act, 1908 - Schedule - Article 144; Transfer of Property Act, 1882 - Sections 3 and 5

Reported in : AIR1971All457

the appellants contended that the suit would be covered either by! Article 134-B or Article 144 of the Limitation Act. 1908 which would govern this case. It would be better to mention a few farts before we consider which

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Jan 10 1977

Surajmal and anr. Vs. Mangilal and anr.

Court : Rajasthan

Decided on : Jan-10-1977

Subject : Limitation

Acts : Limitation Act, 1908 - Schedule - Articles 142 and 144; Limitation (Amendment) Act, 1963 - Sections 31 - Schedule - Article 64

Reported in : AIR1978Raj22; 1977()WLN22

on title as well as on the assertion of prior possession and subsequent dispossession or discontinuance of possession, Article 144 of the Limitation Act, 1908, and not Article 142 thereof applied? The subject-matter in litigation is a house … the view taken in 1971 Raj LW 492 require reconsideration regarding the applicability of Article 142 of the Limitation Act, 1908, on account of the legislative changes brought about by Articles 64 and 65 of the Limitation Act, 1963?

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Jul 31 1996

Nandlal Sakharam Vs. Babu Bhika and Others

Court : Mumbai

Decided on : Jul-31-1996

Subject : Property

Acts : Berar Land Revenue Code, 1928 - Sections 55 and 74(2); M.P. Abolition of Proprietory Rights, Estates, Mahals, Alienated Lands Act, 1950 - Sections 3(1), 4, 68 and 69; Indian Limitation Act, 1963 - Sections 3, 31 and 112 - Article 65; Indian Limitation Act, 1908 - Schedule - Articles 141, 142 and 144; Code of Criminal Procedure (CrPC) , 1898 - Sections 107; Code of Civil Procedure (CPC), 1908 - Order 6, Rule 2; Government Grant Act, 1895; Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953

Reported in : 1998(2)BomCR392

learned Advocate, the limitation for filing of the suit by the plaintiff was under Article 142 of the Limitation Act, 1908 and, therefore, that period of limitation has expired prior to coming into force of the Limitation Act, 1963 … Therefore, it was contended that the suit is barred by limitation. The learned Counsel also pointed out that Article 144 of the old Act also provides the limitation of 12 years for possession of immovable property or any

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Mar 19 1969

Qadir Bux Vs. Ramchand and ors.

Court : Allahabad

Decided on : Mar-19-1969

Subject : PropertyLimitation

Acts : Limitation Act, 1908 - Schedule - Articles 123 to 143 and 144

Reported in : AIR1970All289

in permissive user of the property. It was held that Article 144 of the First Schedule to the Limitation Act, 1908, applied to the facts of the case.32. The Nagpur High Court in the case of Meherban Lalli v.

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Aug 02 1984

Kalooram and anr. Vs. Mangilal

Court : Madhya Pradesh

Decided on : Aug-02-1984

Subject : Limitation

Acts : Limitation act, 1908 - Schedule - Articles 142 and 144; Evidence Act, 1872 - Sections 101 to 104

Reported in : AIR1984MP147

the admission of the defendants that parties were in joint possession of the suit property, the provisions of Article 144 of the Limitation Act, 1908 were attracted and that as the defendants had failed to establish that they … suit, the plaintiffs suit was barred by limitation by virtue of the provisions of Article 142 of the Limitation Act, 1908. In this view of the matter, the trial Court dismissed the plaintiffs suit. On appeal, the lower appellate

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Apr 05 1972

Ramanand and anr. Vs. Smt. Premvati and anr.

Court : Allahabad

Decided on : Apr-05-1972

Subject : PropertyLimitation

Acts : Limitation Act, 1908 - Schedule - Articles 136 and 144; Uttar Pradesh Panchayat Raj Act, 1947 - Sections 64 and 66

Reported in : AIR1973All105

on the date of sale. The present suit will thus squarely be covered by Article 136 of the Limitation Act, 1908. Article 144 of the Limitation Act itself says that it would apply only to a suit for possession of immovable

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Dec 18 1973

Feroza Begam and ors. Vs. Dewan Daulat Rai Kapoor and ors.

Court : Delhi

Decided on : Dec-18-1973

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Sections 83 - Order 6, Rule 17; Limitation Act, 1908 - Schedule - Articles 142 and 144

Reported in : AIR1975Delhi1

own voluntary act of discontinuance of his such possession. The suit is governed by Article 142 of the Limitation Act, 1908 read with Section 31 of the Limitation Act of 1963.'16. The applicability of the Article would have to … become owners of the suit property by adverse possession. The suit will clearly fall within the ambit of Article 144 of the Limitation Act, 1908.18. For the foregoing reasons I find no merit in the applications that are

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Jul 19 1957

Ouseph Chacko Vs. Krishna Pillai Govinda Pillai

Court : Kerala

Decided on : Jul-19-1957

Subject : PropertyLimitation

Acts : Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 103; Limitation Act, 1908 - Schedule - Articles 11A, 137, 142 and 144

Reported in : AIR1958Ker22

Article 142 of the Limitation Act should not in any event have been applied and it was only Article 144 that was applicable and that even assuming Article 142 could apply, the period between the date of the … The suit cannot therefore be taken to offend the one year's rule under Article 11-A of the Indian Limitation Act, 1908.9. We now come to the question whether, the lower Court was right in holding that the suit brought

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