long period and therefore, the Suit is hit by
Article 109 of the Limitation Act, 1963 . Further, the burden of proof to
prove surplus income ... further case is that the Suit is barred under Article 109 of
the Limitation Act, 1963 as D10 and D11 were placed in possession
that the suit
is barred by law of limitation under Article 126 of the Limitation
Act (old) now Article 109 of the Limitation Act ... within 12 years under Article 126 unaffected by
any extended period of limitation available under Sec. 6 of the Limitation
Act to a co-parcener
Sathyalakshmi G vs Viswanath G on 7 December, 2024
KABC010132732012
IN THE COURT OF THE
favour of defendant No.1 and 2.
So, Article 109 of Limitation Act , applies. As per this
Article, the limitation prescribed to file a suit ... Limitation Act , but it is covered under the Article
109 of Limitation Act . It is not the case of the plaintiffs
that they were
joint family seeking partition is
barred under Article 109 of Limitation Act . It is argued
that Article 109 of Limitation Act is applicable ... sought declaration as it is barred by
limitation. As per Article 110 of Limitation Act ,
limitation for a suit By a person excluded from
Insofar as declaration is concerned, in terms of
Article 58 of the Limitation Act , the period would
be three years from the date on which ... been done
by the plaintiffs. Even assuming that Article 109
of the Limitation Act would have to be taken into
consideration, the relief of partition
Gowda and
another2, the Apex Court held as follows:
Article 109 of Limitation Act reads as under:
Description of suit Period of limitation Time from ... word 'alienation' in this article includes 'gift'. In order to
attract Article 109 , the following conditions have to be fulfilled,
namely
years in the year
2008. Assuming that Article 60 of Limitation Act, 1963 is
attracted, the suit seeking declaratory reliefs has to be filed
within ... alienee takes possession of the property, as
per Article 109 of the Limitation Act, 1963 and as such the
present suit is perfectly maintainable
also
pleaded that the suit is barred under Article 109 of
the Limitation Act . Therefore, the 4th Defendant sought
for dismissal of the suit with ... concerned the Learned Counsel for the
Plaintiff contended that Article 109 of the Limitation
Act is not applicable to the facts of the case, since
this Court has held that
application of Article 107 of the Limitation Act is only applicable to civil suits
and not in respect of proceedings ... when permanent
vacancy occurs;
iii) neither Section 109 nor Article 107 of the Limitation Act
will be applicable; and
iv) this Court
