Suit for declaration of title, possession and consequential injunction based on sale deed - Defendants disputing boundary description of property in sale deed - not barred by limitation

Citation

AIR 2008 SUPREME COURT 363

SUPREME COURT

(From : Madras)

SATYA BRATA SINHA , J. and H. S. BEDI , J.

Civil Appeal No. 4803 of 2007 (arising out of SLP (C) No. 18129 of 2006), D/- 11 - 10 - 2007

C. Natarajan v. Ashim Bai and Anr.

(A)Civil P.C. (5 of 1908), O.7 R.11 - Limitation Act (36 of 1963), Art.58, Art.65 - Rejection

of plaint - Application for - Maintainability - Suit for declaration of title, possession and

consequential injunction based on sale deed - Suit filed on alleged trespass by defendants -

Defendants disputing boundary description of property in sale deed and suit property - Plea

that suit was barred by limitation raised - Dispute regarding boundaries of suit property - Is

question of fact to be considered during trial - Limitation would not commence unless there

has been clear and unequivocal threat to right claimed by plaintiff - Application for rejection

of plaint on ground that suit was barred by limitation in view of Art. 58 - Not maintainable.

Cri. (PD) No. 1143 of 2006, D/- 10-10-2006 (Mad), Reversed. (2005) 7 SCC 5101, (2004) 1 SCC

271, Relied on.

 (Paras 7 , 9 , 13 , 18) 

(B)Limitation Act (36 of 1963), Art.64, Art.65 - Limitation Act (9 of 1908), Art.142, Art.144

- (since repealed) - Suit for possession - Law of limitation relating to suit for possession has

undergone a drastic change - In terms of Arts. 142 and 144 of the Limitation Act, 1908, it was

obligatory on part of plaintiff to aver and plead his title over property and possession of same

for more than 12 years - In terms of Arts. 64 and 65 of Limitation Act, 1963, burden would be

on defendant to prove that he has acquired title by adverse possession. 2007 AIR SCW 1120,

(2004) 1 SCC 271, Rel. on.

 (Para 15) 

Cases Referred Chronological Paras

2007 AIR SCW 1120 : AIR 2007 SC 1247 : (Rel. on) 17

2007 AIR SCW 2897 : AIR 2007 SC 1753 : 2007 (4) AIR

Kar R 227

16

2007 AIR SCW 3850 : AIR 2007 SC 2191 16

2007 AIR SCW 6166 16

(2007) 6 SCC 100 16

(2006) 5 SCC 658 11

2005 AIR SCW 3346 : AIR 2005 SC 2897 12

2005 (4) CTC 489 : (2005) 7 SCC 510 (Rel. on) (Pt. B) 4, 7, 10, 12

2004 AIR SCW 799 : AIR 2004 SC 1801 10, 12

(2004) 1 SCC 271 (Rel. on) 16

AIR 1999 Raj 102 12

AIR 1996 Cal 253 12

AIR 1995 AP 43 12

AIR 1988 Cal 155 12

AIR 1987 Del 165 12

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