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Md. 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
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
Tag this Judgment! AI Brief & AskGhanshyamdas Vallabhadas Gujrathi Vs. Brijraman Rasiklal
Mumbai
Mar-15-1984
LimitationCivil
Limitation Act, 1963 - Schedule - Articles 58, 65 and 134; Code of Civil Procedure (CPC) , 1908 - Sections 47
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
Tag this Judgment! AI Brief & AskSitu Sahu and ors. Vs. the State of Jharkhand and ors.
Supreme Court of India
Sep-10-2004
Tenancy
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
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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Marathwada Wakf Board Vs. Shazadi Bi Haseem
Mumbai
Dec-02-1977
Property
(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
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
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
Tag this Judgment! AI Brief & AskDr. Ambedkar Educational Society, Hyd. Vs. Kamakshi Buildings, Hyd. an ...
Andhra Pradesh
Dec-31-1999
Property
Urban Land (Ceiling and Regulations) Act, 1976 ; Partnership Act, 1932; Indian Registration Act, 1908 - Sections 17; Limitation Act, 1963 - Schedule - Article 65
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 @
Tag this Judgment! AI Brief & AskChairman, A.P. State Electricity Board Vs. Mohd NoruddIn Asrani (Died) ...
Andhra Pradesh
Apr-12-2004
Limitation
Limitation Act, 1963 - Schedule - Article 65
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
Tag this Judgment! AI Brief & AskMrs. Pamela Kumar Vs. Mr. Chandrashekhar and ors.
Delhi
Jul-06-2007
Property
Limitation Act, 1963 - Sections 5 - Schedule - Article 65; Hindu Law
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
Tag this Judgment! AI Brief & AskSmt. Gurbux Kaur and Smt. Gurdev Kaur Vs. Shri Hari Singh and ors.
Delhi
Mar-13-2003
Limitation
Code of Civil Procedure (CPC) - Sections 10 and 151 - Order 7, Rule 11; Limitation Act - Sections 14(1) - Schedule - Article 65
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
Tag this Judgment! AI Brief & AskSri Venkatesh S/O Late Balappa and ors. Vs. Sri D.A.C. Venkoosa S/O D. ...
Karnataka
Sep-07-2007
Property
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
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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