Limitation act

Hemant (Querist) 26 October 2017 This query is : Resolved
Hi, a civil suit related to the property has been filed against me in 2016 in High court...the fact that the other party was aware of the agreement of the same property way back in 2008 and didn't contest the same for so long, and they decided to file it in 2016, does this fall under law of limitation and what are the chances that the suit will not be entertained Awaiting your expert opinions.
P.S :. The agreement was signed in 2007 and the other party acknowledged it by writing a notice to developer to cancel the agreement or face legal action
..the agreement was acted upon (taken possession of the flat by us) in 2016. Is it still time barred???
Please clarify

Regards
Hemant

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Ms.Usha Kapoor (Expert) 27 October 2017
Fotr cancellation of agreements relating to suits of immovable property and for recovery of possession of immovable property the period of limitation is 12 years. so THE PLAINTIFF IS WITHIN HIS RIGHTS TO PROCEED WITH LEGAL ACTION FOR RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY IS FOR WHICH PERIOD OF LIMITATION IS 12 YEARS.

Ms.Usha Kapoor (Expert) 27 October 2017
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Rajendra K Goyal (Expert) 27 October 2017
Without referring full case File / details / material facts/ related documents, nothing possible to advice. Discuss with Your local lawyer who is fully aware of the case file..

M V Gupta (Expert) 29 October 2017
Limitation for cancellation of a regd document is 3 years from the date of the registration. Registration is under law notice to all concerned.

Dr J C Vashista (Expert) 30 October 2017
Where (High Court) the suit has been filed in its Original (territorial/pecuniary and/or subject) jurisdiction, which is generally to be instituted before Civil Judge (Junior Division or Senior Division) ?

What is the relief claimed therein the suit from High Court?

When the agreement to sell was executed in the year 2007, how did the agreement survive for a period of 9 year (till 2016)?

When the defendant was aware qua the agreement to sell why did s/he remain silent and raising any objection?

Your lawyer, who has instituted this suit and fully aware about the facts of the case, is competent and intelligent enough to sail you through in the suit.

Have faith in your lawyer and avoid adventuring for second opinion which may prove harmful and dangerous to your case. If you feel send a copy of suit for perusal and guidance to me at:
Dr. (Maj) J C Vashista, Advocate
Ch. No. 647, Lawyer's Chamber Block, Dwarka Courts Complex,
Sector 10, Dwarka, New Delhi-110075 e-mail: majjagdish@yahoo.com
P.S. You may press "thank" button for the impersonating expert, although lacking knowledge of law but keen to accumulate.