SUPREME COURT: WHEN TITLE DECLARATION SUIT SEEKS POSSESSION RECOVERY ALSO, LIMITATION PERIOD FOR POSSESSION RECOVERY APPLICABLE

The Supreme Court in the case observed and has rejecting the arguments of appellant of calculating the limitation period from the date of revocation of the gift deed.

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The Supreme Court in the case N Thajudeen Versus Tamil Nadu Khadi And Village Industries Board observed that when along with a suit for declaration of title, a further relief is sought, the limitation period would be governed by the Article governing the suit for such further relief.

The bench comprising of Justice Pankaj Mithal and Justice Ujjal Bhuyan was hearing the present matter.

The bench in the case observed and has explained that if in a suit for declaration of title, a further relief of recovery of possession is also sought, then the limitation period for filing the suit would be governed by the limitation period prescribed for filing a suit for recovery of possession (i.e., 12 years as per Article 65 of Limitation Act) and not the one prescribed for seeking declaration of title (i.e., 3 years as per Article 58 of the Limitation Act).

The judgment authored by Justice Mithal stated that the suit filed is not simply for the declaration of title rather it is for a further relief for recovery of possession.