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Supreme Court of India 2018-09-20 allowed

Ghewarchand & Ors vs Mahendra Singh & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellants filed a civil suit seeking declaration of title, injunction, and possession of property. The trial court found in their favour, including on limitation. The High Court upheld the factual findings but reversed the limitation ruling, applying a three-year period instead of twelve years. The Supreme Court held that since the plaint expressly sought possession as a relief, Article 65 of the Limitation Act (twelve years) applied, not the three-year period. The suit was filed within the twelve-year limitation period. The Court restored the trial court's judgment in favour of the appellants.

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Civil Procedure Limitation Property Law Declaration of Title

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