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Property Lawyer: In composite Suit for declaration and possession - limitation is of 12 years; SC.

Supreme Court of India

Justice Deepak Gupta, Justice N V Ramana and Justice Indira Banerjee

The Supreme Court {Sopanrao & Anr. Vs. Syed Mehmood & Ors.} held that when the combined suit for declaration and possession is filed, then limitation for filing the suit shall be 12 years - starts when possession of land becomes adverse to the plaintiff - and Art 65 of the Limitation Act shall be applicable. It was held that in a suit filed for possession based on tittle the plaintiff is bound to prove his tittle and pray for declaration that he is the owner of the suit land because his suit on the basis of tittle cannot succeed unless he is held to have some tittle over the land. As the main relief is of possession, therefore, the suit will be governed by Article 65 of the Limitation Act, 1963.

Further it was held that the court is empowered to grant a lower relief or lesser relief from what prayed for by the plaintiff. The appeal was accordingly dismissed upholding the Judgement of the High Court.

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