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Thirumalai venkatesan (Senior)     23 December 2015

Limitation period for declaration and mandatory injunction ?

Suit for Declaration and Recovery of Possession. What is the limitation period to file suit ? Whether the limitation starts from the Cause of Action or from date of knowledge ? Please clarify it.



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 8 Replies

adv.raghavan (Advocate,9444674980)     23 December 2015

Limitation Act, 1963 – Article 58 – Suit for declaration of title and injunction – Period of limitation – Held: Period prescribed under Article 58 of the 1963 Act begins to run when the right to sue first accrues – If a suit is based on multiple causes of action, the period of limitation will begin to run from the date when the right to sue first accrues 

Dr J C Vashista (Advocate)     25 December 2015

Well advised by expert Mr. Ragavan RS, I agree and have nothing more to add. However, the period is 3 years from the date of knowledge.

Anand Bali Adv. (Advocate Solicitor & Consultant)     26 December 2015

Here it is must to understand that cause of action in many of the cases gets its contiouous effect however in your case the cause of action statrts when you come in to the knowledge that the other party is in adverce possession and claims that he is the owner of the property.In case the property is a joint property and is in possession by any one of the coparceners it will treated as he is holding the possession on other's behals also (including you as one of the coparceners); please keep in mind and go ahead for the case for declaration and possession at the same time in one case only.

Rest I shall be able to advise only afte knowing the bare facts of your case if provided.You can call me or write a PM (Personal message) through this site only.

K.S.Srinivas (Advisor (HR))     29 December 2015

Limitation Act, 1963, Article 58 -- Suit for declaration - Limitation - Three years - Period starts to run when the right to sue first accrues

Limitation Act, 1963, Article 65 -- Suit for possession - Limitation for filing suit for possession is 12 years when possession of a defendant becomes adverse to the plaintiff.

Khaleel Ahmed Mohammed (Advocate )     29 December 2015

12 years since the plaintiff lost physical possession.

T. Kalaiselvan, Advocate (Advocate)     03 January 2016

I agree with learned advocates above that it is three years from the date of knowledge. 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 January 2016

In agreement with the opinions mentioned above.....

VIRENDER SINGH CHAUHAN   18 August 2023

Dear sir,

agreed with the limitation of suit for declaration and suit for possession ie 3 and 12 yrs respectively.

Lets say Suit of declaration not given in favour of plaintiff by trial court in 2002 but given in favour of plaintiff by district court in 2003, by high court in 2017 and now the matter is in SC at present. When should plaintiff should have filed the suit for possession? If plaintiff filed the same in 2017 than is it time barred ?


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