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Surajmal and anr. Vs. Mangilal and anr.
Rajasthan
Jan-10-1977
Limitation
Limitation Act, 1908 - Schedule - Articles 142 and 144; Limitation (Amendment) Act, 1963 - Sections 31 - Schedule - Article 64
AIR1978Raj22; 1977()WLN22
June 1963. The court held that the suit being for possession after dispossession fell within Article 142 of Schedule 1 of the Limitation Act, 1908. The plaintiffs having failed to prove their possession within 12 years from … 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?
Tag this Judgment! AI Brief & AskMd. Mohammad Ali (Dead) by Lrs. Vs. Sri Jagadish Kalita and ors.
Supreme Court of India
Oct-07-2003
PropertyFamily
Limitation Act, 1963 - Schedule - Articles 65, 142 and 144; Code of Civil Procedure (CPC) , 1908 - Sections 100
2004(1)AWC105(SC); 2003(3)BLJR2399; (SCSuppl)2004(1)CHN8; [2004(2)JCR86(SC)]; JT2003(8)SC26; 2004(2)MhLj611; 2004MPLJ259(SC); (2004)137PLR255; 2003(8)SCALE356; (2004)1SCC27
be necessary for him to prove, unlike in a suit governed by Articles 142 and 144 of the Limitation Act, 1908, that he was in possession within 12 years preceding the filling of the suit. On the contrary, it … instant case. The learned District Judge, therefore, was perfectly correct in holding that plaintiff's suit was barred by Schedule 65 of the Limitation Act. ' (Emphasis supplied.) 13. The appellant is, thus, before us. 14. This Court … 4 for rejectment from the suit house by removing its goods and articles therefrom and also a decree for mesne profit of Rs. 4350.00 against
Tag this Judgment! AI Brief & AskMadhao Pandurang and anr. Vs. Yeshwant
Mumbai
Mar-16-1973
Tenancy
Limitation Act, 1908 - Schedule - Articles 142 and 144; Evidence Act, 1872 - Sections 17 and 21
AIR1974Bom12; ILR1974Bom752; 1973MhLJ771
Assistant Judge held that the present suit filed by the plaintiff is governed by Article 142 of the Limitation Act, 1908 and that neither the plaintiffs nor Mannulal were in possession of the suit house at any time 12 … that it was within twelve years of the institution of the suit (vide Article 142 of the First Schedule to the Limitation Act).' In para 30 the said judgment the Allahabad High Court further observed as follows
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
The Southern India Education Trust, Madras Vs. M.S. Jagadambal Overruled
Chennai
Aug-02-1971
Property
Limitation Act, 1908 - Schedule - Article 142; Limitation Act, 1963 - Sections 30 and 31 - Schedule - Articles 64 and 65; Specific Relief Act - Sections 8 and 9; General Clauses Act - Sections 6; Code of Civil Procedure (CPC), 1908
AIR1972Mad162
the circumstances, without costs.15. Appeal allowed. Property - possession - Article 142 Schedule to Limitation Act, 1908, Sections 30 and 31and Articles 64 and 65 … limitation under Art. 142 of that Act. The suit came to be disposed of on the basis that Article 142 applied to the suit. In such a case where the old procedure has been applied and the suit … the defendants. The learned counsel for the first respondent-plaintiff submits that, whatever be the legal position under the Limitation Act, 1908, the new Act of 1963 has completely changed that legal position, and that even in respect of suit
Tag this Judgment! AI Brief & AskUppalapati Venkataratnam Vs. Sri Chennakeswavaswami Temple, Uppalapadu
Andhra Pradesh
Dec-23-1970
Trusts and Societies
Trusts Act, 1882 - Sections 14; Limitation Act, 1908 - Sections 142 - Schedule - Articles 142 and 182; Code of Civil Procedure (CPC), 1908 - Sections 47; Madras Hindu Religious Endowments Act, 1927 - Sections 78
AIR1972AP152
possession - Section 14 of Trusts Act, 1882, Section 142 and Articles 142 and 182 of Schedule to Limitation Act, 1908, Section 47 of Code of Civil Procedure, 1908 and Section 78 of Madras Hindu Religious Endowments Act, 1927 … to the institution of the suit the suit is liable to be dismissed as barred by limitation under Article 142 of the Limitation Act; and secondly that the only remedy open to the plaintiff-temple was to execute the
Tag this Judgment! AI Brief & AskVishnunarayan Badrinarayan Vs. Anantnarayan Motilal and ors.
Madhya Pradesh
Sep-30-1991
Limitation
Limitation Act, 1963 - Schedule - Article 65; Limitation Act, 1908 - Schedule - Article 142; Code of Civil Procedure (CPC) - Sections 100
1992(0)MPLJ544
of the alleged licensees claiming to be the owners of the property.'On application of Article 142 of the Limitation Act, 1908 in view of the decision above, where the plaintiff sues for possession of dispossession, question whether the suit … bear his own costs of this appeal and shall pay that of the respondents. Pleader's fee according to schedule or certificate whichever is less. A decree be drawn up accordingly. - - 1. This Second Appeal by
Tag this Judgment! AI Brief & AskC. Natrajan Vs. Ashim Bai and anr.
Supreme Court of India
Oct-11-2007
Property
Limitation Act, 1963 - Schedule - Articles 58, 64 and 65; Limitation Act, 1908 - Schedule - Articles 142 and 144; Code of Civil Procedure (CPC) - Order 7, Rules 11 and 13
AIR2008SC363; 2008(1)AWC339(SC); (SCSuppl)2008(1)CHN11; JT2007(12)SC295; (2008)1MLJ1278(SC); RLW2008(2)SC1077; 2007(12)SCALE163; 2007AIRSCW6953
the suit for possession has undergone a drastic change. In terms of Articles 142 and 144 of the Limitation Act, 1908, it was obligatory on the part of the plaintiff to aver and plead that he not only has … of the Trial Court opining that the period of limitation, as per Article 58 of the Limitation Act, expired in 1997 itself, stating:A perusal of … and order dated 31.3.2006 rejected the said application of the respondent, opining:The suit property as shown in the schedule to OS No. 502 of 2001 is found to be same as described in the sale deed dated
Tag this Judgment! AI Brief & AskO.S. Venkataraman Vs. R.V.M.K. Prasad
Chennai
Apr-20-2007
LimitationProperty
Limitation Act, 1963 Sections 3 and 27 - Schedule - Articles 64 and 65; Specific Relief Act - Sections 8 and 9; Limitation Act, 1908 - Schedule - Articles 142 and 144; Code of Civil Procedure (CPC) - Order 6, Rule 17
2007(4)CTC388; (2007)6MLJ1018
wrong in basing its finding on the question of limitation on considerations based on Article 142 of the Limitation Act, 1908. the suit was on the basis of title and was governed by Article 65 of the Limitation Act, … that since the respondent has not preferred any appeal against both the orders of amendment of the plaint schedule, on application of the doctrine of Relation Back, the plaint schedule as amended must be deemed to be
Tag this Judgment! AI Brief & AskJampana Rama Raju and ors. Vs. Kanuri Suryanarayana and anr.
Andhra Pradesh
Jan-23-2006
Family
Limitation Act, 1963 - Schedule - Article 65; Evidence Act - Sections 45, 47, 63, 67 and 68; Indian Succession Act - Sections 63; Limitation Act, 1908 - Sections 28 - Schedule - Articles 142 and 144
2006(2)ALD638; 2006(3)ALT356
of the sale deeds.36. This Court in Adinamyanaswamy's case (supra) after considering Articles 142 and 144 of the Limitation Act, 1908 held that plaintiffs right to recover property already barred by defendant's adverse possession whether specific pleas was taken … the interest of the plaintiffs.37. In the case of Ram Murti (supra) the Punjab High Court after considering Article 142 and Section 28 of the Limitation Act, 1908 held that the plaintiff has not proved that he is … in item 2 and reserving vested right on item 1 of plaint-A Schedule. Plaintiffs allege that Bramaramba executed a Will-Ex.A4 dated 9-2-1968 bequeathing the property
Tag this Judgment! AI Brief & AskNathulal (Since Deceased) Through L.Rs. and anr. Vs. Ambaram and anr.
Madhya Pradesh
Sep-19-1981
Limitation
Limitation Act, 1908 - Schedule - Articles 142 and 144
AIR1982MP114
trial Court, principally held the view that the suit for possession was governed by Article 144 of the Limitation Act, 1908 (corresponding Article 65 of the Limitation Act, 1963), and as such, decreed the plaintiff's claim, On appeal, being … case. According to the learned counsel for the appellants, the facts and circumstances of the case actually attracted Article 142, inasmuch as, the plaintiffs' story of permissive possession having not (been) accepted by the Courts below, it was … the Courts below, besides bearing their own throughout. Counsel's fee as per schedule, if certified. - - Govindaraju (AIR 1940 Mad 798) (FB), the plaintiff
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