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Checking relevance for State Of Maharashtra VS Pravin Jethalal Kamdar...
2000 2 Supreme 154 : In cases where possession is taken pursuant to a void document, Article 65 of the Limitation Act, 1963 applies, and the limitation period for a suit for possession based on title begins from the date when the defendant''''s possession becomes adverse to the plaintiff, not necessarily from the date of the sale deed. The court held that when documents are null and void ab initio, they have no legal existence, and a suit for possession can be filed ignoring them, with the limitation period governed by Article 65, which starts from the date of adverse possession, not the date of the void sale deed.Checking relevance for Mallavva VS Kalsammanavara Kalamma (Since Dead) By Legal Heirs...
2024 0 Supreme(SC) 1230 : In cases of adverse possession, the limitation period under Article 65 of the Limitation Act, 1963 begins to run from the date of adverse possession, not from the date of the sale deed. The court has clarified that the date of the sale deed is not necessarily the starting point for the limitation period when the claim is based on adverse possession. This is supported by the principle that the burden of proving adverse possession lies on the defendant, and the period of limitation for such claims is measured from the date when possession became adverse, not from the date of a prior transaction like a sale deed.Checking relevance for Deep Chand VS Mohan Lal...
Checking relevance for Alagammal VS Ganesan...
Checking relevance for Sabir Ali Khan VS Syed Mohd. Ahmad Ali Khan...
2023 4 Supreme 267 : The legal documents confirm that the date of the sale deed is not necessarily the starting point for the limitation period in cases of adverse possession. Specifically, the court held that even if a sale is void, the limitation period may not commence from the date of the sale, and the right acquired under Section 27 of the Limitation Act, 1963, cannot be ignored if title in the property stood vested with the person in possession as of the date action was taken. This implies that the limitation period may be determined based on the date when possession was effectively acquired or when the right to possession was established, rather than the date of the sale deed.Checking relevance for Delhi Development Authority VS Karamdeep Finance & Investment (I) Pvt. Ltd. ...
Checking relevance for Achal Reddy VS Ramakrishnareddiar...
1989 0 Supreme(SC) 596 : In cases of executory contracts of sale, the possession of the transferee until the date of registration of the conveyance is permissive or derivative and in law is deemed to be on behalf of the owner himself. This means that the limitation period for adverse possession does not necessarily start from the date of the sale deed, but rather from the time when possession becomes adverse. The court held that possession under an executory agreement of sale is not adverse because it is held in recognition of the vendor''''s title, and thus cannot be considered adverse possession. Therefore, the date of the sale deed is not necessarily the starting point for the limitation period in cases where possession is derivative and not adverse.Checking relevance for Premsingh, S/o. Shri Heeralal VS Mangilal, S/o. Shri Keshar Ji...
Checking relevance for B. Suseela VS A. P. Rangarao (Died)...
2023 0 Supreme(Mad) 1883 : The limitation period under Article 65 of the Limitation Act, 1963 does not begin from the date of the sale deed, but from the date when the defendant''''s possession becomes adverse to the plaintiff. The court emphasized that the period of limitation starts only when the defendant proves the factum of adverse possession affirmatively from a particular time, not from the date of the sale deed. This is supported by the Supreme Court''''s ruling in Ram Nagina Rai and Ors. Vs. Deo Kumar Rai, which states that limitation runs only when the defendant''''s possession becomes adverse to the real owner, and not from the date of alleged possession or sale.
