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Ch N D   05 August 2024

Limitation period for declaratory suit and for suit for recovery of possession

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 ? 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     05 August 2024

If she's having a registered title document on her name then there's no necessity to file a suit declaration of title 

Instead she can file an eviction suit to evict the tenant after issuing an eviction notice 

Alisha Kohli   05 August 2024

Cause of action can be made 

Till how long she was getting rent 

She must file a suit for eviction on the strong grounds framed by her and let him reply  to court that what documents  he has in his favour. 

Dr. J C Vashista (Advocate )     06 August 2024

A tenant shall remain a "tenant" throughout till he vacates the demised premises.

Whether the tenant has produced sale documents stated to have been executed by her husband, as claimed ? If so, it is required to be inspected critically to ascertain its genuineness. Has the tenant claimed adverse possession ?

Gift deed in favour of wife is also to be perused before forming any opinion qua filing suit for possession.

 

 


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