Topic

Limitation Act 1963

4 articles

Property Law

In John Mathew v. Santha Paul, the Supreme Court set aside a decade of rulings on limitation in a suit challenging a power-of-attorney sale deed, holding that Order XIV Rule 2(2) CPC permits a qualifying issue to be tried first only before the court has embarked on a composite trial of all issues — not after evidence has already been led. The Court also left open, for retrial, whether the suit is governed by the three-year period for cancelling an instrument or the twelve-year period for recovering possession.

13 min read
Property Law

Forty-five years of maintaining a gate at the entrance to a government access road did not give a Mumbai housing society the right to keep it there. The Bombay High Court's order separates a permissive right of way from an allotment of land, and shows why a pending adverse possession suit over one plot does not shield unrelated encroachments on another.

13 min read
Property Law

Two brothers who built a business together fell out over who owned what. The Bombay High Court's answer to when their clock started running is a compact lesson in how limitation actually works for co-owned property — and why a plaintiff cannot always choose to drop an inconvenient property from a partition suit.

13 min read
Civil & Property Litigation

A name removed from the revenue record in 1990 did not cost a co-owner his share. This case note works through all four issues the Supreme Court decided in Jamnabai v. Vasudev, from Section 117 of the MP Land Revenue Code to the proviso to Section 34 of the Specific Relief Act.

14 min read