that the said suit is within limitation in terms of
Article 65 of the Limitation Act .
Relevant Articles for the decision of the present appeal ... where the alienee never gets possession, no limitation can arise under
Article 126 of the Limitation Act, 1908. In the present case, the alleged
alienee
assailed within a period of 12 years as per Article 109 of the Limitation
Act, 1963 , from the date when the alienee took possession ... property as
provided therein. Article 109 of the Limitation Act is reproduced hereunder:
Description of suit Period of limitation Time from which period
begins
6472 of 2017 (O&M) {8}
Limitation Act is correct interpretation ... plaintiffs' case was not
covered under Article 109 of Limitation Act , for, property at the hands of
Pritam Singh had not been proved
into force provided by Article 109 thereof (corresponding to Article 51 of the Limitation Act of 1963) that the limitation for suing for mesne profits ... said Act (corresponding to Articls 64 and 65 of the Limitation Act of 19631 provided a limitation of 12 years for a suit
whether
legal necessity or an act of good management; payment of amount and point of court fee and limitation were pressed by the appellants. Challenging ... suit has not been filed within the period of limitation. As per Article 109 of the Schedule to the Limitation Act , suit filed
Schedule to the Limitation Act 1963 articles 65 and
109 lay down that the possession of immovable property or any
interest therein based on title ... well within the period of limitation and cannot by any means be
construed to be barred by limitation and the findings of the first
Appellate
adjudication of the issue of limitation in the wake of Articles 109 and 110 of
Schedule to the Limitation Act, 1963 . The same being relevant ... petitioner by placing reliance upon Articles 58/59
of the above Schedule or it would be governed by Articles 109/110 thereof
in case
beyond the period of limitation of three years as envisaged by Article 58 of the Schedule appended to the Limitation Act ... application of Article 59 and not that of Article 58 of the Schedule appended to the Act. The starting point of limitation under Article
execution would be barred if it is made under Article 182 of the Indian Limitation Act . Both parties are agreed that no decree-sheet ... step in aid of execution for the purposes of Article 182 of the Limitation Act .
The test laid down by the learned Judge was whether
challenged within
three years of execution thereof under Article 58 of the Schedule to the
Limitation Act 1963 (in short, the Act). Reliance in support ... suit is covered by Article 65 of the
Schedule to the Act and the suit is well within limitation. It was pointed out
that defendants
