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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Advocate,9444674980

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 

 
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Lawyer

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.

 
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Advocate Solicitor & Consultant

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.

 
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Executive

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.

 
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Legal Advisor

12 years since the plaintiff lost physical possession.

 
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Advocate

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

 
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Advocate & Solicitor at Law

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

 
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