Sir can you please clarify my doubt
our relative wants to file a case for claiming her possession as she is the owner , she also has a registered gift deed that her husband made.
But the tenant is claiming her late husband sold the property to him for some meagre consideration and he is showing some forged document
This lady she has not bothered about this property from the date on which the cause of action first arose that is when she tried to occupy the property some years ago The tenant stated the same reason and never allowed her
and she kept quiet . Now three years already passed from the date of cause of action arisen , so I don't think she can file a declaratory decree with consequential relief of possession
so now her doubt can she directly file suit for recovery of possession because 12 years time is there for that or is article 65 of limitation act only applicable to those claiming adverse possession or can do normal owners also Who have lost can right to file a declaratory decree can file citing article 65 of limitation act
because she contends that Now already delay has happened and condonation of delay section 5 of limitation act is not applicable for suits ?
so sir, can you please suggest any remedy that is available for her can she directly file a suit for recovery of possession without claiming the relief of declaration or can she file a suit for recovery of possession with ancillary relief of declaration ?
