GHEWARCHAND & ORS. versus M/S MAHENDRA SINGH & ORS.

GHEWARCHAND & ORS. versus M/S MAHENDRA SINGH & ORS.

The suit prayed for possession, declaration, and injunction; thus, Article 65 of the Limitation Act, providing a 12-year limitation from the date possession becomes adverse, applied. The suit was filed within the prescribed period, so it was not barred by limitation. The High Court erred factually and legally by holding otherwise.

Parties
Appellant/plaintiff: Ghewarchand & Ors.; Respondent/defendant: M/S Mahendra Singh & Ors.
Jurisdiction
India
Judgment Date
20 September 2018
Procedural Posture
Civil Appeal / Final Appeal Against High Court Judgment
Outcome
Appeal allowed
Legal Topics
Limitation Period for Suits, Suit for Possession, Declaration of Title, Permanent Injunction
Civil Procedure Limitation Limitation Period for Suits Suit for Possession Declaration of Title Permanent Injunction

Case Brief

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Parties

Ghewarchand & Ors.

Appellant/plaintiff

M/S Mahendra Singh & Ors.

Respondent/defendant

Procedural Posture

Civil Appeal / Final Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether Article 65 of the Limitation Act, 1963 or a 3-year limitation period applies to a suit seeking possession, declaration, and injunction
  2. 2 Whether the suit was filed within the prescribed limitation period

Ratio Decidendi

The suit prayed for possession, declaration, and injunction; thus, Article 65 of the Limitation Act, providing a 12-year limitation from the date possession becomes adverse, applied. The suit was filed within the prescribed period, so it was not barred by limitation. The High Court erred factually and legally by holding otherwise.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of High Court set aside as regards limitation
  • Judgment and decree of Trial Court restored in favour of appellants/plaintiffs