suit for declaration of title.
Hence, the plaintiffs had filed the present suit for declaration of
title and recovery of possession of the plaint schedule ... recovery of possession, then the
period of limitation for recovery of possession being larger and being 12
years, the relief of declaration of title
maintainable for
declaration of title and protection of the possession or the restoration of
possession. Nature of right acquired by adverse possession and even
otherwise ... plaintiff. The plaintiff has filed a suit for
declaration of title and recovery of possession based on Hukumnama and
adverse possession for more than
merely for permanent prohibitory
injunction into a suit for declaration of title and recovery of possession.
It is true that the plaintiff on the averments ... debarred from
instituting a new suit seeking relief of declaration of title and recovery
of possession on the same basic facts as are pleaded
suit for
permanent prohibitory injunction into a suit for declaration of title and
recovery of possession. This Court held:-
“In our opinion, the basic structure ... debarred from
instituting a new suit seeking relief of declaration of title and recovery
of possession on the same basic facts as are pleaded
declaration of
title and recovery of possession on the strength of
title, the plaintiff can succeed only on establishing
his title to the plaint schedule ... succeeded in establishing its title to the plaint
schedule property to obtain the declaration of title
and recovery of possession of the plaint schedule
property
suit (Title Suit No.16/82 of 1978-79) against Md. Lukman
seeking declaration of title over the property and recovery of its
possession from ... issue
of title would only be incidental and never binding in a proper suit for
declaration of title and recovery of possession. In support
plaintiff, a reversioner to his maternal grandfather, sued for declaration of title and recovery of possession of certain property in respect of which the Settlement ... plaintiff to bring a suit for a declaration of title and recovery of possession on the ground that the Settlement Officer's decision
appeal before the Revenue Divisional Commissioner for declaration of title and recovery of possession of the disputed lands after setting aside the order ... Schedule lands and granted a decree for declaration of title and recovery of possession of the disputed lands.
The contesting defendants filed an appeal before
dismissing the plaintiffs' suit for declaration of title and recovery of possession with the incidental reliefs in respect of six pieces of lands situated ... possession and defendant Nos. 5 to 7 having secured possession from Dhanaji Patil, the suit instituted by the plaintiffs for declaration of title and recovery
relief of
declaration is claimed. A relief of declaration of title to immovable property
is implicit in a suit for recovery of possession of immovable ... Limitation Act applies to a suit for declaration of title
and for recovery of possession of immovable property.
18. In the present case
