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Oct 07 2003

Md. Mohammad Ali (Dead) by Lrs. Vs. Sri Jagadish Kalita and ors.

Court : Supreme Court of India

Decided on : Oct-07-2003

Subject : PropertyFamily

Acts : Limitation Act, 1963 - Schedule - Articles 65, 142 and 144; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : 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

he could not swim across and then he sank. The suit is hit by Article 65 of the Limitation Act. Hence all these three issues are decided against the plaintiff.' 11. As regard Issue No. 4 it was … 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

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Mar 15 1984

Ghanshyamdas Vallabhadas Gujrathi Vs. Brijraman Rasiklal

Court : Mumbai

Decided on : Mar-15-1984

Subject : LimitationCivil

Acts : Limitation Act, 1963 - Schedule - Articles 58, 65 and 134; Code of Civil Procedure (CPC) , 1908 - Sections 47

Reported in : 1984(2)BomCR50

first was that the suit was barred by limitation under Article 65 of the First Schedule to the Limitation Act, 1963, and the second was that the suit was not tenable in view of the provisions of section

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Sep 10 2004

Situ Sahu and ors. Vs. the State of Jharkhand and ors.

Court : Supreme Court of India

Decided on : Sep-10-2004

Subject : Tenancy

Acts : Chota Nagpur Tenancy Act, 1908 - Sections 6, 46, 46(4), 48, 71A, 71B, 240 and 240B ; Chhota Nagpur Tenancy (Amendment) Act, 1908; Bihar Scheduled Areas Regulations, 1969; Code of Civil Procedure (CPC) - Order 1, Rule 3; Limitation Act, 1963 - Schedule - Article 65; Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 - Sections 50B and 50B(4); Land Ceiling Act

Reported in : 2004(3)BLJR2031; [2004(4)JCR211(SC)]; JT2004(7)SC402; 2004(7)SCALE884; (2004)8SCC340

3 of Order I of Code of Civil Procedure and in Article 65 of the IInd Schedule of Limitation Act of 1963. What is of importance for us is the introduction of Section 71 A and 71B in

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Dec 02 1977

Marathwada Wakf Board Vs. Shazadi Bi Haseem

Court : Mumbai

Decided on : Dec-02-1977

Subject : Property

Reported in : (1979)81BOMLR257

description referred to in Article 142 or Article 1.44 of the First Schedule to the Indian Limitation Act, 1908 (9 of 1908), for possession of … present suit having been filed on August 14, 1967, the article of Limitation Act regulating adverse possession is Article 65, which lays down a period of limitation of twelve years for filing a suit for possession immovable property … a religious sentiment which would ascribe sanctity and inviolability to a place of worship, they cannot under the Limitation Act accept the contentions that such a building cannot be possessed adversely to the wakf, or that it is

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Jan 23 2006

Jampana Rama Raju and ors. Vs. Kanuri Suryanarayana and anr.

Court : Andhra Pradesh

Decided on : Jan-23-2006

Subject : Family

Acts : 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

Reported in : 2006(2)ALD638; 2006(3)ALT356

the defendants that their possession is adverse and failed to discharge the burden under Article 65 of the Limitation Act and about dispossession of the plaintiffs, lower Court is justified in decreeing the suit, which do not call … deed dated 22-11-1936 creating absolute rights 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 in favour of Annapurna and Purna

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Dec 31 1999

Dr. Ambedkar Educational Society, Hyd. Vs. Kamakshi Buildings, Hyd. an ...

Court : Andhra Pradesh

Decided on : Dec-31-1999

Subject : Property

Acts : Urban Land (Ceiling and Regulations) Act, 1976 ; Partnership Act, 1932; Indian Registration Act, 1908 - Sections 17; Limitation Act, 1963 - Schedule - Article 65

Reported in : 2000(2)ALD629; 2000(2)ALT418

one brought by the plaintiffs on the basis of their title. The suit clearly under Article 65 ofthe Limitation Act. In such a suit, it is the well settled position of law, that the plaintiff has only to … rate of Rs.21,000/- per month from 16-12-1988 till the date of delivery of the possession of the suit schedule property; (iii) for arrears of rent of Rs.43,200/- and (iv) for damages for the use and occupation @

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Apr 12 2004

Chairman, A.P. State Electricity Board Vs. Mohd NoruddIn Asrani (Died) ...

Court : Andhra Pradesh

Decided on : Apr-12-2004

Subject : Limitation

Acts : Limitation Act, 1963 - Schedule - Article 65

Reported in : 2004(4)ALD413

it is not barred by limitation. The lower Court failed to appreciate that under Article 65 of the Limitation Act, 1963, the onus is on the defendants to prove as to when their possession became adverse to the … and 2 are in possession and occupation of 75 Acres and 8 guntas as described in plaint A schedule property and it was occupied by the then Electricity Department of erstwhile Hyderabad State from the possession of

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Jul 06 2007

Mrs. Pamela Kumar Vs. Mr. Chandrashekhar and ors.

Court : Delhi

Decided on : Jul-06-2007

Subject : Property

Acts : Limitation Act, 1963 - Sections 5 - Schedule - Article 65; Hindu Law

Reported in : 2007(99)DRJ475

to possession of immovable property and/ or an interest therein based on title. The relevant provision would be Article 65 of the Schedule to the Limitation Act, 1963, which prescribes a period of limitation of 12 years and … 451/2000 in the disposed of RFA 140-D/1962. This application (CM 451/2000) was filed under Section 5 of the Limitation Act, 1963 seeking condensation of delay in recalling the order passed on 02.09.1966 in RFA No. 140-D/1962. The application

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Mar 13 2003

Smt. Gurbux Kaur and Smt. Gurdev Kaur Vs. Shri Hari Singh and ors.

Court : Delhi

Decided on : Mar-13-2003

Subject : Limitation

Acts : Code of Civil Procedure (CPC) - Sections 10 and 151 - Order 7, Rule 11; Limitation Act - Sections 14(1) - Schedule - Article 65

Reported in : 104(2003)DLT560; 2003(68)DRJ278

Section 10 of the Code of Civil Procedure. 7. According to Article 65 of the Schedule to the Limitation Act the prescribed period within which a suit for possession must be filed is twelve years and time from

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Sep 07 2007

Sri Venkatesh S/O Late Balappa and ors. Vs. Sri D.A.C. Venkoosa S/O D. ...

Court : Karnataka

Decided on : Sep-07-2007

Subject : Property

Acts : Karnataka Rent Control Act - Sections 21(1); Transfer of Property Act - Sections 53A and 54; Limitation Act - Sections 65 - Schedule - Article 65; Specific Relief Act, 1963 - Sections 6, 16 and 34

Reported in : AIR2008Kant5; ILR2007KAR4623; 2008(3)KarLJ335

to seek declaration. Plaintiff can maintain the suit for possession based on title under Article 65 of the Limitation Act. He further submitted that, the declaration is sought only when the declaration is necessary under Section 34 of … decree dated 23.9.2006 in O.S.No. 8657/2002. Respondent is a plaintiff.2. Suit is one for possession of the suit schedule property and for injunction.3. Case of the plaintiff is that, under registered sale deed dated 27.6.1984, he purchased

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